Los Angeles, CA asked in Criminal Law and Immigration Law for California

Q: My car was taken away by the u.s border patrol what can I do to get it back?

My husband was stopped trying to smuggle illegals he didn't have no one in the car when pulled over they took him in and took the car away

Related Topics:
3 Lawyer Answers

A: It depends.

They may have taken at as evidence (real or imagined) of the crime your husband is suspected of.

Incidentally, was he arrested? Do not tell me here whether anything illegal was in the car or not. But that is information a lawyer would need to know.

Finally, how long ago was this? How much is the car worth? Did you receive paperwork from Customs informing you that the government intended to keep it? The fancy term for that is "forfeiture." A forfeiture can be opposed, but don't sit around long.

I realize hiring a lawyer is not an option for everyone. If you are one of those people you must do the legwork yourself, but it is not a lost cause. Find out what's going on. Call the agency that searched the vehicle and ask them: "What's up with my Honda Accord license plate &^^&$&^$& which was seized on April 3, 2018.

https://www.cbp.gov/contact

Carl Shusterman agrees with this answer

A: a lot more info is needed.

was there anything illegal in the car?

do they have proof he had illegals in the car that were "dumped" before he was encountered?

when did this happen?

don't sit on your rights or you may lose them.

call the agency to see if you are dealing with a "forfeiture" ..............is the value of the car worth it to hire a lawyer who will cost as much as some vehicles. Ask what you have to do to get the car back.

if the car is used in a crime it is a "deodand" and one often loses it.

Carl Shusterman agrees with this answer

A: I agree with my colleagues. A lot more information is needed to be able to respond to your question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.