Asked in Car Accidents for Indiana

Q: I was pulled over and arrested in illinois. They towed my car and I went to jail. There is a article 36 hold on it.

When will I know if they are seizing it

Related Topics:
1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: The words may be getting in the way. The police already HAVE seized your car pursuant to Article 36 which is a statute in the Illinois Criminal Code, found at 720 ILCS 5/36-1. The State will now begin the process of asset forfeiture. If you make a demand for trial, the State must be able to prove that it met the criteria necessary to justify taking your property. If the State is not able to prove its case, the property must be returned to you. You really need to be represented by an experienced attorney to have any likelihood of success. Discuss your case with an attorney who practices forfeiture law in the County where you were arrested.

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.