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CrimLaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 47
Experience:  Member of Harris County Criminal Lawyers Association and Texas Criminal Defense Lawyers Association
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my wife and sisterinlaw was arrested for attent to sell and

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my wife and sisterinlaw was arrested for attent to sell and poss. they took my car the police inpounded my car under the circumstance that it transported the drugs they where arrested at her brothers apt. the car was parked in the parking lot how can they impound my car as evidense if it was parked at the time of arrest
if the car was impounded as evidence, you will have to request the return of the evidence from them. If they fail to do so, which i am sure they will, you will have to try and get a court order to return the vehicle.

If they are actually attempting to seize the vehicle, then it is basically a civil suit. This is where the state alleges that the vehicle was used in the distribution of drugs or was purchased from the proceeds of illegal drug activity. Normally a good defense to an allegation of this sort is that the criminal defendant is not the actual owner of the vehicle and the state has no grounds to deprive the actual owner of their vehicle.

The fact that the vehicle was parked at the time of the arrest does not really change the facts. If the police know that the vehicle was used then it is evidence of possession of the drugs and an intent to sell or distribute the drugs. They very well may have witnessed the vehicle being used in the commission of a crime and only arrested the defendants after the vehicle was parked.
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