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Alex
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
Experience:  Experienced, former Assistant State's Attorney and Assistant Attorney General licensed in IL and NY
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I was arrested and released and not charged with any vehicle

Resolved Question:

I was arrested and released and not charged with any vehicle related violation, and my vehicle was impounded.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

was your vehicle parked illegally? did they say why it has been impounded?

Customer: replied 5 years ago.
no, not parked illegally. I was told that it was impounded because it was registered to me and I was arrested.
Expert:  Samuel II replied 5 years ago.

hi

 

i can find nothing in the CA code that allows for impoundment under your circumstances - but since it is impounded you can either wait the 30 days and pay and then sue in small claims court

 

or you can file for an injuction - which if granted would order them to stop holding your car and release it immediately - you would need the assistance of a local lawyer to get the expedited - but it might work.

Customer: replied 5 years ago.
the vehicle is not on a 30 day impound, it will be released to me as soon as I can pay the $185.00 tow charges, the $45.00 a day storage impound fee and $125.00 to the Arcata police department to authorize release of the vehicle. I am homeless, unemployed and no foreseeable source of income other than General assistance, which is $340.00 a month.
Expert:  Samuel II replied 5 years ago.

hi

 

oh. well, then you can file the injuction - go to the clerk of the court and ask for a form - get instructions on how to have it set in immediately - perhaps, you can at least get a court to order no daily storage fees

 

 

Customer: replied 5 years ago.
what, specifically, kind of form for injunction do I request? what burden of proof is required for homelessness, as well financial hardship? I have no resources whatsoever for transportation, communication on a local level (phone with my personal contacts is in the impounded vehicle), shelter, clothes, etc.
Expert:  Samuel II replied 5 years ago.

hi

 

i checked the forms online and i cannot locate a one specific to your cause - you will need to have an attorney in your area work with you on this - you will need to have the fees waived because of you being homeless, etc - this is not something i can provide for you. but i will opt out and perhaps another expert can help you

 

good luck

Customer: replied 5 years ago.
I appreciate your effort, back to square one.
Expert:  Alex replied 5 years ago.
Hello. Sorry for your plight. Try to talk to the pound about this and any supervisors with authority. You never know. Also ask to see the impound report too to see the basis of this tow. Also, they might allow you to try to get your phone and personal items from the car if you appear in person. I would call to ask if you can retrieve your important items from the vehicle in advance. I also would call them to ask them about their procedure in place for contesting a tow. There are procedures in place normally for contesting tows too. they should be able to tell you about these proceedings and your rights if you appear in person or perhaps by phone. Finally, some pounds (although rare) have been known to even reverse charges if someone has a compelling situation and can show there was no reason to take the vehicle in the first place. Although this is rare, perhaps if you contact them and speak to them about due process and unlawful property taking then they may advise you on the heapest way to proceed. Finally, you can also file a wrongful taking type of action, perhaps pro se, with costs waived if you file a petition with the court first seeking a waiver of fees due to indigency, and ask the court to waive your fees for doing this - you might prevail. Also, local legal assistance groups in your area might be available to advise you best for no costs as well, or perhaps a local law school with a clinic in place too. Well, I hope this helps you out somewhat. If you found my answer helpful feel free to hit the accept button too. Best of luck to you. Alex
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
Experience: Experienced, former Assistant State's Attorney and Assistant Attorney General licensed in IL and NY
Alex and 7 other Criminal Law Specialists are ready to help you

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