Atlanta, GA asked in Criminal Law, Civil Rights and Constitutional Law for Georgia

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

1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

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!

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