How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jim Reilly Your Own Question

Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
11056146
Type Your Criminal Law Question Here...
Jim Reilly is online now
A new question is answered every 9 seconds

My vehicle was seized a while back because it was ...

Resolved Question:

My vehicle was seized a while back because it was apparently used as an instrument to commit a crime. I wasn't in any mannor involved in the alleged crime. The crime was that the one driving it at the time bought some empty cardboard boxes and used the vehicle as a means of transportation. Later on the boxes were tranferd to another vehicle which was also seized. The detectives confiscated 30 pounds of marijuana on a house and since the ones driving the seized vehicles went in and out of the house, the detectives detained bothe vehicles. My problem is that on of the vehicles was mine and at that time I hadn't made the title transfer and only had a bill of sale to back me up. I did the title transfer asap but resulted useless. Everyone from the ones involved in the crime to the previous owners were served with case documents except for me. Now I am afraid to loose my vehicle. I researched and apparently I am an interested third party but wasn't served eitherway. what can i do.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
This is a difficult situation, for which you should consider obtaining legal assistance from a local lawyer.

Under Texas law, property which was seized in a drug case and which would otherwise be subject to forfeiture may not be forfeited if the owner can prove by a preponderance of the evidence that he was not involved in the commission of the crime and that the property was used in the commission of the crime without the owner's consent to that use.

Texas Code of Criminal Procedure section 59.02 describes the rules for forfeiture of seized property. The innocent owner exception is in sub-section (h) of that code section.

Sub-section (h)(2) of that section also requires the prosecutor, if he knows the identity of the owner, to give notice of all legal proceedings with respect to the property.

So, if you have given the DA's office notice that you are the owner, they are required to give you notice of the legal proceedings. If you have not already done this in writing, you should do so immediately. Provide any paperwork you have to show that you are the owner. I would take copies of all of your documents directly to the DA's office, hand deliver them and have someone sign for receipt of them. I would even have that person initial and date a copy of each page that you deliver, so that there is no doubt later that you provided the appropriate documents.

You should then be provided with notice of any hearing and the court should provide you with an opportunity to be heard and to present evidence. Eventually, if the court believes you have proved by a preponderance of the evidence (which means just a little more than 50-50) that you were not involved and did not know the vehicle would be used in the commission of any crime, it should be ordered released to you.

Good luck getting your truck back.

Jim Reilly

Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 13 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.