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.
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 opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602
...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.
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.