What is the specific provision of law that I can rely on to show why my vehicle is not subject to forfeiture?

Asked over 1 year ago - Arlington, TX

My vehicle was seized during the execution of a search warrant by Narcotics Unit. I was unaware of any drug activity on the premises. I am one of three people living on the property. Drugs were found in the garage. My vehicle was in the garage, as well. I was not there when this happened and no criminal charges have been filed. This incident took place about six months ago.

Attorney answers (1)

  1. Ronald Lee Burdge

    Contributor Level 20

    Answered . You don't need a specific provision of the law. You need a lawyer. Just because you weren't there doesn't mean they can not or will not arrest you or charge you with complicity or something worse. Just because it's been six months doesn't mean it is over with either. There are lots of innocent people sitting in jail cells in Texas and everywhere else who thought they could handle things and didn't need a lawyer. You want your car back? Get a lawyer to start working on it if you want it to happen anytime soon. The police and prosecutor's office have no reason to rush to do anything for you. A lawyer on your side, frankly, can be the reason. If you even think that the police believe you may have done something that can get you in trouble, don’t go it alone. There are lots of innocent people sitting in jails because they thought they had nothing to worry about or they didn’t need to talk to a lawyer or that they could handle it themselves or they did nothing legally wrong. You should talk to a Criminal Law attorney near you right away. You can look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Criminal Law attorney near you. If you can not afford an attorney then you should tell them and ask for a public defender (it may be called something else in your particular state). You should not talk to anyone about anything that you may have done, or not done, except for your lawyer. Do not talk about what any other person may have done, or not, either (you could end up getting charged with conspiracy). Still think you don’t need to talk to a lawyer? Do you know what a jail cell looks like? It isn’t roomy, it isn’t nice, it isn’t cozy. No one but your lawyer has any duty to protect you. No one else has any obligation to try to keep you out of jail. The reality is that no one else has any interest in trying to protect you. Whether you like lawyers or not, if there is any chance of jail time in what is going on, your lawyer is your best friend. Period. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck.

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