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Lawmoe
Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
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my son who is nineteen got 2 class A misdemeanors for possession

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my son who is nineteen got 2 class A misdemeanors for possession of marijuana under 3 grams and paraphenalia, he received 3 days jail, 17 months probation, lost his license for 6 months, drug classes my question is he lost his license fine I understand all that but how can a judge also take the title or registration from your car so no one else can drive it. If he needs a ride to work which is about 30 minutes away I nor his cousin are even aloud to drive his car to take him there. Is that even legal to do, I have never heard of such a sentence to pull someones title or registration to where that car is not even aloud on the road. Can someone answer that question?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 4 years ago.
It would appear that the offense occurred while driving a vehicle. If that is the case, the vehicle could be sunject to seizure. Please tell me more. Was he in the vehicle when arreted?
Customer: replied 4 years ago.
yes, he was in the vehicle and was very intemidated by the officer. the officer took my son by the head and had him face the video equipment in the cruiser and made a statement like this "look at the camera, tell the camera its yours" when my son didn't answer at first he repeated this step, finally my son said yes it is mine. There was a passenger in the car who was 17 and the stuff was found in an old cigarette pack that was wodded up. I know this is going to sound bad but our county we live in seems very corrupt. I just read a statement from an officer the other day that had to do with a drunk driving warrant and that officer had check marked and wrote a few things on the paperwork that I know did not take place, I think he said things to be more persausive to get the judge to sign the warrant to draw blood. anyway back to my sons case yes he was in the car with a passenger. he had never had a prior record. I just do not see how a judge can have the right to take the title to a car, i might have wanted to borrow it if mine was ever to break down, how is it possible. I have read the statues in Indiana about possession and never have I read that you are manditory to hand over the title or registration to a car plus lose your license. the only thing I have ever heard of was if you were behind in child support the court could put a lien on your car until you got it caught up.
Expert:  Lawmoe replied 4 years ago.

You raise a very interesting question. I can find no where in Indiana law that allows a Judge to strip title to a vehicle. I also find no case law where that has occurred in the criminal proceeding.

 

The county may seek forfeiture, but the Judge appears to have no authority to remove title. I would suggest that the remedy is to file a Motion to seek a modification of sentence to allow: (1) the car to be sold; or (2) the car title to be transferred to another relative.

 

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Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2415
Experience: More than 19 years of experience as a Criminal Defense Lawyer
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