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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88631
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can the sherif dept seize my car I was driving under chapter

Resolved Question:

Can the sherif dept seize my car I was driving under chapter 893 which I believe is criminal intent, when I was only charged with possession and it was only 30 grams in one bag. And papers that added a misdemeanor drug paraphernalia By that I'm saying it is personal use
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, they can move for asset seizure based on proof that the vehicle was used in commission of some criminal offense. Even though it was personal use, they have the right to seek to seize the vehicle if it was used in commission of the offense and you have the right to get your attorney to file a motion to release the vehicle showing that it was not used in commission of this criminal offense.



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Customer: replied 8 months ago.
They wouldn't let me read the paper work and had me sign the paper acknowledging that they were seizing it. The paper work says that I (the owner) have to file for an adversarial preliminary hearing. I don't have a personal attorney, only the public defender and I believe he will only represent me in my criminal case and I believe this is a civil case. They pulled me over and said I was speeding which I'm 100% sure I wasn't and they immediately walked the dog around my car. They were watching me since august 29 and saw I wasn't selling anything just personal and didn't speed or do anything to get pulled for and the officer that pulled me and gave me the ticket isn't even the cop that said he clocked me and his radar wasn't even turned on when he pulled me over The cop that said he clocked me was riding the back of the cop car that was in front of him
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

You have to get another local attorney to file for the hearing if your public defender will not assist you with this. You can go to legal aid and you can also contact the state bar and get a pro bono attorney to represent you in this hearing, but you need to get the hearing filed for if you want to try to get your car back.

The evidence you have mentioned is all going to be considered and will have to be closely reviewed by your attorney to get the best arguments together for you to get the car back.
Customer: replied 8 months ago.
Is there a way to get my personal belongings out of my car and house? And how can I get this moved to another county. Because this is an ongoing feud that the captain of the sheriffs dept has with me over another problem (code enforcement violation) that the captain took my property illegally and wouldn't return them until after the FBI contacted him which was about 6-8 months after he took it. But when I went to jail this time the captain came into the holding cell and told me I f***** up calling the FBI on him and now I'm done. And the last problem I had with him. The sheriff and lead IA officer wouldn't do anything about it. They actually said they are not stepping in and he can do what he wanted.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

You would need to file a motion with the court to get the permission to retrieve your personal belongings that can also be considered part of the seizure.

You can get your attorney to file a motion for change of venue based on your claims and proof that you cannot get a fair and impartial hearing in this county.

You have multiple issues going on here at the same time and you are going to need to get a separate attorney to handle these seizure issues and also you need to consider filing a retaliation claim to the FBI as well regarding the conduct of the officer since you filed a complaint against him already.
Customer: replied 8 months ago.
I was contemplating doing that but I was afraid that contacting the FBI again would only make things worse but I will try to see if I can obtain an attorney as well. Thanks for your time
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you very much.

Please do not forget to click on excellent service feedback as that is the only way the experts get any credit for time spent with you.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88631
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you

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