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Daughter arrested police took car

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. Have the daughter get the car out.


  2. 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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  3. 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 advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


  4. 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.


  5. 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?


  6. 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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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