If someone is pulled over in my car caught with a weapon

UPDATED: Sep 30, 2022

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If someone is pulled over in my car caught with a weapon

My question is someone was driving my car 5 months ago they were pulled over and
police found a gun. I was not aware and was not in the car they took my car and
is now trying to seiz it. I went to court to claim my care and was told that they
had to continue my case to find out more information about his case. I dont
understand what does his case have to do with me getting my car back?

Asked on January 19, 2017 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The "civil forfeiture" laws allow property to be seized if it was used in or for the commission of a crime, even if the owner of the property (e.g. a car) was not found guilty--or even charged with--a crime; the seizure (which you can try to fight in court, but which is not necessarily easy to do) is based on the usage of the property in the crime, including by another person using it with the owner's actual or implied permission, not the owner's guilt.
Or they may be holding the car as evidence while the case is being investigated. Or they be investigating whether *you* were involved in any criminal activity and could be preparing to charge you.
There are several reasons why they may be holding it. You are advised to retain an attorney to help you determine what is going on and get the car back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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