Q: I bought a car with a loan from a bank and subsequently I was arrested for 5th degree drug possession.
The police are now seizing the vehicle through forfeiture laws. I am not a drug dealer, can they legally do that?
A: It depends on the circumstances of your arrest, the weight of the drugs, and where the drugs were located. Consult with an attorney directly. Defending against a motor vehicle forfeiture is not something that you should handle yourself. Most criminal defense attorneys will handle both the forfeiture and the underlying criminal case as well. Get a hold of someone ASAP. There are timelines on the forfeiture and you may waive your right to object to the forfeiture if you do not file something in writing.
A: Unfortunately, Minnesota lawmakers have enacted asset forfeiture laws. Even worse, they made them quite complex, with financial rewards for the same police who seize your property. As a result, vehicle forfeitures can go through, even where the owner is not a seller of illegal drugs. But, there are many way a drug defense attorney maybe able to help get your car back. Typically we handle the forfeiture case along with the criminal case. So call me or another good criminal attorney now for help. But beware the passage of time. Minnesota's forfeiture laws have "gotcha" short time-limits to file a challenge to a car forfeiture. Call an attorney now.
Mark William Perron agrees with this answer
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