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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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If someone had their truck stolen and it was involved in a

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If someone had their truck stolen and it was involved in a crash, but the person who had stolen it took off.Now the police have kept the vehicle as evidence.Now the owner of this vehicle is being charged 700.00 for the fees of the impound.Can they charge someone like that? She was the victim.The police are trying to say that it was one of her sons that did that.They are all adult children, and she never gave anyone permission to use it.They also have never made any arrest in this case.Should she have to pay to get her car out

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Unless they can demonstrate that the person who was in possession of the vehicle was authorized to use it when the accident occurred, or that unauthorized possession was gained due to the owner's negligence, then there is no basis to charge the owner the fee.

J.Hazelbaker :

However, you may have to get the court involved to get the vehicle released without charge.

J.Hazelbaker :

My first step would be to discuss the issue with the prosecuting/district attorney assigned to the case and see if they can help you.

Customer:

they are saying that they had keys to the vehicle, but she still had her keys with her.But by no means did she give anyone permission.In fact, she called the police as soon as she woke up that morning.

J.Hazelbaker :

Again, it doesn't sound as if they have grounds to charge her the fee in this instance.

J.Hazelbaker :

The following we address as a sample motion for return of property that is filed in a case where evidence has been seized. The owner may have to get the court involved to compel the police department to release the vehicle without the fee:

J.Hazelbaker :

http://www.husseinandwebber.com/motion-return-property.html

Customer:

Thank you so much for you help, you are the best!!1

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