the weed was not found in my car but on the passenger in my car! they dropped the case and all my tickets. what can I do I don't have the money to take it out!
Cook County forfeiture cases require a separate civil hearing process at Daley Center which is distinctively separate from any criminal cases and requires completion a number of documents.
In my experience, even if a criminal case is dropped, a person needs to reclaim the impounded vehicle by submitting required evidence that will permit the release of the vehicle.
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Criminal Defense Attorney
...are you asking whether you have to pay the tow/impound fee? The general answer is yes.
WARNING: This post does not constitute legal advice. It is for INFORMATIONAL PURPOSES ONLY, and should not be relied upon. The poster is highly encouraged to seek private counsel if they have any questions.
Yes, you can get your car back. If your car was impounded by the City of Chicago they will try to fine you between $2000 and $3000 plus $150 towing fee and $35 a day storage after the first five days. You have a right to a hearing to contest the charge. The case is separate from the criminal case of the person in possession of the cannabis and goes against the registered owner of the vehicle. These are strict liability offenses but the cases can be won on a myriad of technical legal issues regarding the paperwork. You have a right to a preliminary hearing in the first fifteen days after the vehicle was impounded. There is free legal aid, CARPLS, at 400 W. Superior who can give you advice but not represent you, and there are a number of attorneys, myself included, who will do a free consultation with you.
Mr. Ivakhnenko is also correct that there may be a hold on the vehicle for a state forfeiture charge depending on the amount of cannabis and the circumstances, which would be a separate case. You can find this out at 400 W. Superior as well.
Criminal Defense Attorney
Consult with an hire an attorney familiar with administrative law ASAP.
I referred a client with a somewhat similar situation. That attorney was able to resolve a $2000 towing fee with storage charges down to a few hundred dollars.
Contact a few lawyers, have a few consultations. Bring any paperwork and be ready to provide details.
You need to take care of this because abandoning your vehicle will likely result in the agency (my guess is the city of Chicago) coming after you via liens and the like to recoup.
If the case was dropped, it is unlikely that the state will pursue a forfeiture of your property.