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

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3 Lawyer Answers
Hayden Gifford Smith
Hayden Gifford Smith
Answered
  • Criminal Law Lawyer
  • Visalia, CA

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

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

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

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA
  • Licensed in California

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

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