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I was arrested for posession for the purpose of trafficking…

I was arrested for posession...
I was arrested for posession for the purpose of trafficking and the cops seized my car i had just bought with money from an icbc settlement.... is there anything i can do to get it back?
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3/14/2018
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Customer reply replied 1 month ago
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CriminalLawyerTO
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Did you purchase the car fully or were you financing it?

Also, why did the police seize your car (i.e. were there drugs found in it) and when did they do this?

What happened to the charges, have they been dealt with by the criminal courts, and if so what was the outcome?

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Customer reply replied 1 month ago
Car was paid for purchased outright, drugs were found in the car in december of last year. I have been charged with pptx2 im currently on bail prelim is july

In that case it is unlikely you'd be able to get the car back until your charges are resolved, as they are likely holding the car either believing it was purchased with drug money or alleging it simply had some involvement in the offence.

If the charges are resolved in your favour, it shouldn't be too difficult to have the car returned- in fact, it will likely be ordered returned shortly after the resolution of the case. If, however, you're found guilty, or you don't want to wait until trial, you can try to bring an Application under s.490 of the Criminal Code arguing that you are the bona fide owner of the vehicle and it's seizure / forfeiture / holding is not necessary for any lawful purpose, and thus it should be returned to you. If the judge hearing the application accepts your arguments, then they may order the vehicle be returned to you, even prior to the disposition of the criminal charges.

Hopefully that answers your question.

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Customer reply replied 1 month ago
The cop told me that it falls under the civil seizures act? Apparently? He said it doesnt matter if i can prove it was bought with legit money, if i was caught selling dope out of it they can keep it... is that true? Or is he a lieing goof like usual?

That is not entirely true. They must show that it was either purchased with proceeds of crime or was an instrument used in crime. They seem to be alleging the latter. If you show the car and the drugs are entirely unrelated and separable, and bring an application to have it returned, the judge may grant such.

As for the relevant Act, generally the seizure is done under the Criminal Code but if they want to keep the item for a prolonged and/or indefinite duration in the event it is not required for evidence in the criminal matter but is sought to be part of a crime (e.g. instrument of crime) then they may seek to exercise their powers under the Civil act.

Hopefully that clarifies things

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