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My son was pulled over and 1.8 grams of Meth was found on him.

Customer Question
The car was just purchased...
My son was pulled over and 1.8 grams of Meth was found on him. The car was just purchased for him, and put in his name by me and my mother, although I am on the title as the lien holder. Do I have any rights to try to get the car back. The police say it is up to them. This is Texas. He has no prior drug arrests or convictions. He is 31.
Submitted: 7 years ago.Category: Criminal Law
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Answered in 1 minute by:
2/2/2010
Criminal Lawyer: P. Simmons, Lawyer replied 7 years ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,677
Experience: 16 yrs. of experience including criminal law.
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Thanks for the chance to assist. Was the meth in the car or on his person? Why will the cops not release?
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Customer reply replied 7 years ago
On his person. The police say since he was in the car, it does not matter.
Criminal Lawyer: P. Simmons, Lawyer replied 7 years ago
Are they planning to seize and sell this car as part of the asset forfeiture laws...or are they holding as evidence in the crime?
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Customer reply replied 7 years ago
We have not been given a clear answer. They are saying seizure unless he provides them with information on other people, he has offered to do that, but they say it is not enough. It seems like a scare tactic, and maybe the case is already turned over to a Deputy D A.?
Criminal Lawyer: P. Simmons, Lawyer replied 7 years ago
Thanks...and welcome to the world of asset forfeiture. Recent laws allow states and the federal government to seize property and sell it. Here is the TX law on this

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.59.htm


If the state can show that this car was "used in the commission of a felony" they can take it. Period.

Its a tough law...and the hearing is a civil hearing...so the standard of proof is MUCH lower than at a criminal trial. And if he had the car with your permission, they can take it and sell it even though your the owner.

Sorry to bear bad news.

Now, you have some rights. From the same statute

Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. (a) If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure.

SO they have to give you notice...if the rig is worth quite a bit money, you may want to hire a local attorney who can defend this and, hopefully, save your car.


Again, sorry to have to bear bad news


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.




P. Simmons
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Category: Criminal Law
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