Q: Can my sons car be seized as a result of a pending drug trafficking case. He still has payments he doesn’t own the car
My son has a finance company he makes payments to. And has not be convicted or ever had priors . I can prove that the funds to pay for the car came from my retirement and his paycheck.
A: Unfortunately, yes the car can be seized. However the government will have to pay off the loan on the car to get to keep it. The creditors rights trump the government. A forfeiture action can be challenged and often provides access to information faster than in the criminal case. In some cases you are entitled to discovery which allows you to take the depositions of the officers, something you cannot do in a criminal case. I would encourage you to hire a lawyer for your son. Trafficking requires a minimum period of confinement based upon the weight of the drugs but starts at 10 years in prison and goes up from there.
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