I was arrested fordrugs with intent to sell ,fleeing and eluding, resisting w/o violence and other traffic tickets 9 charges all together. My car was seized in the process I am currently only charged with fleeing and resisting no drug charges or tickets. Being that my car taken for the drugs but i wasnt charged will i get my car back. My lawyer states that the state can still keep my car if they found probable cause but I dont understand how if they took it for the drugs which i wasnt charged with.
Your lawyer is correct. They can still try to keep the car even though not all of your charges were filed. Now, that being said, your lawyer can challenge the forfeiture with the police department and try together it back for you. This usually is a separate fee from his work on your criminal case; however, that is between you and your lawyer. Many times deals can bet worked where the car is returned for a fee. The fee varies depending on the vaue of your car and your ability to pay.
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
I agree that your lawyer is correct. You need to discuss with your lawyer if there is a remedy for you to recover the car. If you have not been served with "notice of forfeiture" then the car is only evidence and the police is not seizing the car. Discuss these issues with your attorney.
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