Daughter arrested police took car

Asked about 1 year ago - Albany, NY

Aunt bought car and insured. Car was titled and reg by daughter so if she was In an accident etc. aunt couldn't be sued. Can my aunt put a lien on the car to get it back from police? No drugs nothing was found in the car. Nothing.

Attorney answers (6)

  1. Brian Andrew Trodden

    Contributor Level 9

    4

    Lawyers agree

    Answered . It really depends on where this occurred and why the police took the car. Many counties in New York have local statutes that permit them to sieze vehicles and keep them following a forfeiture hearing if they are used in the commision of a crime. This is most prevalent following DWI and drug sale or possession arrests. Many times the police seize cars and hold onto them as evdience in a criminal proceeding. Vehicle owners are entitled to a hearing before a judge in either instance. Was there an accdient, and was your daughter injured?

  2. Effimia Soter

    Contributor Level 12

    3

    Lawyers agree

    Answered . Have your daughter go and have the car taken out of the pound. She is the registered owner of the vehicle and will be responsible for paying fees

    This response will not create an attorney-client relationship.
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have the daughter get the car out.

  4. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The regustered owner can go and pay storage charges and get the car out. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  5. Merry Melinda Fountain

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree. The aunt can get her car out since she is the owner but the daughter should be responsible for any costs.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal... more
  6. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Your facts indicate that the aunt has no standing on the ownership of the car, and you are silent as to her having a lien on the title, which would be indicated on the title itself. So she will not be able to take the car without the consent of the daughter, acting as the daughter's agent. Aside from that, it seems the police are holding the car as evidence. She can get the car released after a 30 day demand upon the DA, if there is a prosecution in progress, but that assumes that the car itself is not evidence or that it is subject to forfeiture, in which case RICO type statutes in NY apply. Often, the prosecution will insist on forfeiture of a vehicle if the defendant pleads guilty to a crime that is drug related. That can vary, and her defense counsel could be on top of that.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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