How to fight a motor vehicle fforfeiture?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to fight a motor vehicle fforfeiture?
My sister-in-law’s car was seized after my brother ran from the police in it. The state of MN wants to do a Motor Vehicle Forfeiture. How do I go about fighting this in court I am not sure what to look up or where to start?
Asked on March 9, 2011 under Criminal Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
To fight this, your sister in law really needs to get an attorney. Forfeitures like this are *not* easy to fight; the state actually has a fairly low burden of showing that a person who was permitted access to or use of the property (and presumably your brother had the right to driver her car and did not steal it) used the car in the commission of a crime (such as resisting arrest, which is basically what fleeing from the police is; the exact name of the charge may vary, and there may be other charges in there, too, depending in circumstances--e.g. DUI, reckless endangerment if he put others at risk by how he drove, or if he was fleeing some crime, the car would have been used in that crime (as getaway vehicle)). If they can show this, it's fairly easy to confiscate the vehicle, which is why your sister in law needs legal advice and assistance to have a chance of fighting this.
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.