Q: is.it.legal.lein.sale.motorcycle.chp.didnt.mark.as.evedence.towinngco. sold it 2 days after accident
my husband is being charged with evading arrest wonton disreguard for human safety and great bodily injury ... if the bike cluch malfunctioned and the chp allowed tow company to sell the evidence 2 day after our accident how is it going to help him if we got no proof of evidence to our story because we cant show proof now that it malfunctioned and he has to lay the bike out we were on the freeway 2am I was hurt bad he was too but now he is in jail 4 months , in a few days he will be sentenced , and there trying to give him along time . my life is nightmear I lost my job my house is now gone I just learned to start walking again on my own after 4 months and he was a gm master mechanic that's all the main support his shop is going to close down soon...I am suffering more then neccecery because of this mess plz help us . I basically homeless and far from this type of life style . I don't know how to help his case if the evidence is not aval. da willno belive us I know they don't care !
A:
the first thing you have to do is ask the court to appoint a Court Appointed attorney.
without a police report it is hard to know what and how to argue. A lawyer needs all the evidence.
These issues can be addressed/resolved by your attorney.
Are you saying he could not slow down and stop b/c of clutch?
If so argue lack of due process in that your evidence has disappeared with respect to bike being sold. That of course does not explain what i assume will be a lack of cooperation by him when cops ask him to get on ground or put hands behind back. If a defendant does not do that immediately they take him down with force.
i suspect it was tow co/storage yard who sold bike and not CHP
William John Light agrees with this answer
A:
Your criminal defense attorney will raise the issue of spoliation of evidence in your defense. As for a possible claim against the CHP for the loss of your bike, you have to file a Tort Claim with the State. https://www.documents.dgs.ca.gov/ORIM/Government%20Claims%20Program/GCClaimForm%20edits.pdf
You may have a conversion claim against the tow yard. It is supposed to notify the registered owner before charging storage fees/conducting a lien sale.
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