Q: I don't know what to do
I was pulled over after just getting my car back October 2nd, the reason for the stop was they had claimed my paper temporary tag was flapping in the wind but the plastic tag cover I bought pretty much tells me that was a lie. They search my vehicle without my consent and all of a sudden a tiny bag of meth was found under the passenger side seat, a drug I've never in my life touched I'm now facing charges for and no telling what else. In trying to get my vehicle back after getting out of jail they tell me that they are trying to seize my vehicle. Can I stop it? Or can I do anything whatsoever?? Please help me! Practically all of my clothes and my house keys are still in the vehicle, when the arresting officer called me tonight to inform me that they are trying to seize my vehicle he also informed me that I couldn't get ANYTHING out of the car. I am staying with a friend and I have a home, do I just bust a window to get in it? Am I not entitled to get anything back? I'm being ruined ove
A:
You should hire an attorney as soon as possible. There are notices and deadlines that have to be met in order for the seizure and potential forfeiture to be valid. In any case, do not delay taking action to get your property back.
As far as the charge itself, there appear to be multiple issues that an experienced criminal defense attorney would want to look further into. Whether the search was valid; Whether the affirmative defense of equal access would apply. Whether the stop was valid; Is the officer credible. These and others are some of the issues that an attorney would be able to assist you with. Good luck!
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.
