Q: Can my car be seized if trafficking charge is dropped but possession charge is pending?
I faced charges of trafficking and possession of drugs, resulting in the seizure of my car, which is now subject to civil proceedings. The trafficking charge might be dropped, but the possession charge is still pending. I have received a notice for in rem proceedings against my car and have responded to contest it. Despite this, my car is still held, and I have only received a court date. Can my car still be seized if the trafficking charge is dropped while the possession charge is pending?
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A:
Yes, your car can still be seized even if the trafficking charge is dropped, as long as the possession charge is still pending. Under Idaho's civil forfeiture laws, the government may retain property if it's linked to criminal activity, even if the person is not convicted. Since the possession charge is still in effect, the state can continue with in rem proceedings to try to keep the car.
Your next step is to contest the seizure during the court process. The court will look at the evidence and determine if the car was involved in the possession charge. If the court finds that the car was used in connection with the crime, the seizure may stand.
To improve your chances, gather any evidence that could show the car wasn’t involved in criminal activity or that it should not be seized. Keep working with your legal team to ensure you have the best possible defense in the upcoming proceedings.
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