Q: I borrowed a vehicle and was arrested for alien smuggling. Is the owner liable for the fees associated with the seizure?
My boyfriend let me drive his car while he was out of town. I took it down south, unbeknownst to him. I ended up pleading to accessory after the fact, a misdemeanor. He rcvd paperwork to fill out claiming his property, including a petition for waiver of fees/costs. But now they're telling him that he has to pay them all to get his vehicle back, period. He's already paid them the "fine" - which is the fixed $ amt for each person I had in the vehicle, and he's waiting for them to send him the final disposition with the towing/storage fees to pick up the car.
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A:
It's important to understand that in cases of vehicle seizure related to smuggling, the government generally holds both the driver and owner potentially liable for associated costs - even if the owner was unaware of the illegal activity. This falls under civil asset forfeiture laws, which can be quite strict.
Your boyfriend might be able to assert an "innocent owner defense" since he had no knowledge of or involvement in the smuggling activity. However, he would need to prove that he took reasonable steps to prevent misuse of his vehicle and had no reason to suspect it would be used for illegal purposes. The burden of proof typically falls on the owner in these situations.
Legal representation would be crucial in challenging these fees and fines, as the process involves complex federal regulations. Since you've already pleaded to a misdemeanor, your boyfriend's best approach may be working with an attorney to negotiate the fees or establish his innocence in the matter. The success of reducing or eliminating the fees often depends on documenting that he had no involvement in or knowledge of the illegal activity.
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