I need some advice and i didn't know if this falls in this category or not.

[Guest Krasis]

OK here's the setup:

My sister's car was seized by the local drug task force. Her boyfriend was driving the car with a less than savory gentleman during the day. Early in the morning the task force of county/ city, and some federal agencies knocked on her door. They charge him with conspiracy to sale and had a seizure for her car. So they take him and his friend to jail (no loss) and take her car.

My question is, can we get her car back? I understand losing your own car during the act, but coming the next day and arestting another person, and taking her car which he is not on title or any loans.

Any advice would be welcomed.

[vontar]

I have a feeling this is going to be an interesting Read. My guess is she will need to talk to a Lawyer.

[DaveTN]

Any advice would be welcomed.

You can fight anything in court, but they can pretty much do what they want in a drug seizure. It will boil down to the court (or the DA) deciding whether she knew what was going on or not. If they determine she knew he was a drug dealer, and she let him use her car; it’s probably gone.

The cops and the courts usually won’t make the bank take a big hit. If she owes a lot on it they may give it back to her or to the bank.

She can go to court and make her case on her own or she can decide if the money involved justifies hiring a lawyer.

Tell her to do what all the other people that get involved in drugs busts do …. Roll over on everyone she knows and get her car back.

Edited August 17, 2011 by DaveTN

[Guest Krasis]

Well, it was paid off by my mother of course! And that is the reason I am involved not for my sister but for the mother. Whether she knew or not, im sure she did even though she declares she didn't. Although i feel good they didn't take her, so she obviously wasnt selling with him or didn't get caught. But as far as court goes, it was a 28 people sting/seizure i don't know if it's worth it, just to get the car back.

[quietguy]

If they determine she knew he was a drug dealer, and she let him use her car; it’s probably gone.

Consult an attorney

If I understand the law correctly, if the car was involved in the activity and he had permission to use the car, then the seizure is legal. She is responsible for the vehicle, unless it is stolen. She wouldn't have to know that it was used or likely to be used in the illegal activity.

Just to illustrate, lets look at a traffic camera violation. The citation is issued based on the plate number, not the driver's license. The registered owner of the vehicle is responsible for it's operation and the payment of the citation. I know there are some differences between criminal and administrative responsibility, but I believe you would be fighting an uphill battle.

[gregintenn]

If she were my daughter, I wouldn't help try to get the car back. It would be a good lesson for her to be on foot for a while. Sounds like she needs a new boyfriend.

[Guest Krasis]

If she were my daughter, I wouldn't help try to get the car back. It would be a good lesson for her to be on foot for a while. Sounds like she needs a new boyfriend.

Agreed, but i'm thinking of her kids, not her.

[Guest justluck]

Maybe it would be better if your mother (or yourself) take care of the kids. Seems to me that if things get any worse, the State could end up with them.

[gregintenn]

Agreed, but i'm thinking of her kids, not her.

Supporting her bad desicions will rarely help the kids in the long run.

[Guest Krasis]

Maybe it would be better if your mother (or yourself) take care of the kids. Seems to me that if things get any worse, the State could end up with them.

That was my opinion to my mother, i would be hurting if i took the kids in finacial wise, but have always have that as the final act.

As far as hurting the kids in the long run, i don't have a choice right now other than help she has no car or way to get them places other than a taxi. Im not supporting her decision just trying to be the better sibling for it and help if i can.

[Guest TresOsos]

Your sister can probably get the vehicle back, however it will probably take a minimum of 90 days.

This will answer a lot of your question, I would also get an attorney, esspecially if the it is worth anything.

This site will answer some of your question: Tennessee Highway Patrol Asset Forfeitures and Seizures

You don't need any preaching from me, I would try and spend the next 90 days helping my sister get her **** together.

Hope it all works out for you.

[Pain103]

Krasis PM if you would like. I have a good understanding of the drug seizure policies and laws. I have done several myself.