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How are long can a car be impounded in a police impound lot before a new charge can be brought against you ?

Marysville, WA |

Person with no priors was arrested on armed robbery was released on bail but impound lot won't release car due to hearsay and impound lot states they are waiting for search warrant. How long do they have to get judge to sign, especially
if it was hearsay from a felon.

Attorney Answers 4

  1. The police may keep the car as a potential crime/evidence with proper legal justification while investigating the pending criminal case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  2. At least until the search warrant is executed. | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

  3. The answer is a "reasonable" time a factor in that is the perceived reliability of the information. How long has it been?

  4. It depends on the circumstances surrounding the commission of the underlying offense, the robbery, the circumstances surrounding the initial arrest and, what type of hearsay you are talking about and the purpose it is being offered. Hearsay is not a deathblow to a warrant by any means and if the police can establish they know the informant, prior felon, and lay a foundation that the informant's testimony is reliable then a judge will probably consider the statement(s). If it is an excited utterance then there is another independent basis for it to be admitted under the proper foundation. All the officers have to do is produce an affidavit to a judge indicating why they believe a search warrant is necessary and the facts/allegations supporting their belief that contraband will be found in the premises/area asked to be searched in the search warrant. The police have a reasonable amount of time to not only procure the warrant but also to execute the warrant. If the judge does not grant the search warrant under the first affidavit request the police can take additional time and file an amended affidavit alleging additional facts/circumstances justifying the issuance of the search warrant. That being said, if the car was used in the commission of the underlying offense either directly or indirectly in any manner whatsoever, the police and prosecutors could possibly attempt to hold on to the car until the case is resolved as evidence of the underlying offense and its commission. The individual who owns the car should probably hire an attorney to make sure the car doesn't "fall through the cracks" and get forfeited, auctioned off by the police department, or tampered with AND to stop allowing storage fees to accrue.

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