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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My car was left in the median after someone else driving it

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My car was left in the median after someone else driving it hit the cement block and left it over night. The police towed and impounded it and not charged me but will not give me the car back even though I am willing to pay the fees. It has been since 6/12/12. Help

I am in Midland Michigan
I am sorry to hear what has happened, the leaving of a wrecked vehicle and failure to report an accident is grounds for them to impound the car. Right now the car is evidence, which is why your attorney cannot find laws to get the car released. It is evidence in a hit and run (even if no other car was hit) and failure to report an accident investigation. The city attorney likely will not release it because you have not told them who was driving your vehicle and as such their criminal investigation is still open and as long as an investigation is open, they have a right to maintain the custody of evidence in that investigation.

MI has quite a long statute of limitations for the city attorney to file charges in a misdemeanor offense, they have 6 years. While you may be willing to pay the fees, if you do not disclose who was driving they can continue their criminal investigation leaving you as a suspect based on your ownership of the car and you know they have no evidence you were driving the car because they would have charged you already. However, this is how the criminal case game works.


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