What is a "theory of constructive possession as pertaining to a Seizure and Intended Forfeiture?

Asked almost 2 years ago - Arlington, TX

My vehicle was seized when the narcotics unit executed a search warrant. No drugs were found in my home but some were found on the premises where my vehicle was parked. Three other people live on the premises. I was not home at the time this took place. There was a Sworn Statement of the Seizing Officer attached to the Notice of Seizure which stated that the investigation was instigated by info given to him by a confidential informant about someone who was beleived to have been living on the property. That person was not present that day either. Can they keep my vehicle based on something going on that i was oblivious to? No criminal charges have been filed. It's been a couple of months.

Attorney answers (3)

  1. Ben Dodson Leonard

    Contributor Level 10

    2

    Lawyers agree

    Answered . You need to consult with a criminal law attorney in your county NOW. The prosecutors may already have a judgment forfeiting your car to the state. There are still legal steps a lawyer can take to preserve your rights.

    This opinion is offered for informational purposes only and does not constitute the creation of an attorney-client... more
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Possibly. You need an attorney to represent you at the asset forfeiture hearing.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to hire a lawyer who handles forfeiture matters. Not all criminal lawyers are able to do this - although many who handle drug cases case. "Constructive possession" means that it was not actually possessed in the car but that the car had been used as the vessle by which the drugs were carried to the property. (That is an educated guess.)

    If you do not respond to the forfeiture, your vehicle will be gone forever.

    Cynthia Henley
    713-222-1220

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