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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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my car was seized by the police because my daughter was driving

Resolved Question:

my car was seized by the police because my daughter was driving it and marijuana was found in the car. I still have not gotten my car back (it is leased). what should my attorney be doing?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. It is very common for cars to be seized under such circumstances. How much money does the prosecutor want for you to buy-back your car?
Customer: replied 5 years ago.
My attorney has aid nothing about the prosecutor saying I need to buy back the car. I have been advised that they cannot hold a leased vehicle which I do not own and they cannot hold it longer than 60 days without a hearing. Is this accurate?
Expert:  JB Umphrey replied 5 years ago.
I do not have the benefit of reviewing your daughter's court file so I'm not in a position to speculate on that front.

Ask her attorney to find out if the prosecutor intends to forfeit the vehicle and, if so, how much they want for you to "buy" it back from them.

The sooner you find that out, the sooner you can put things in motion to get your auto back.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face.
Customer: replied 5 years ago.
So in the state of new jersey the police/DA can forfeit your vehicle even if it is owned by the leasing company?
Expert:  JB Umphrey replied 5 years ago.
Yes, absolutely. The car can be sold at sale and the first part of the proceeds go to pay off the lease note.

This is why, what usually happens, is that the police/DA will offer to "sell" the car back to you. Yes, it's about the money.
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