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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My boyfriend was arrested on a conspiracy with intent to distribut

Customer Question

Hi. My boyfriend was arrested on a conspiracy with intent to distribute charge. When this happened I was at work but he took my truck & it was seized. This happened April 22nd. I haven't received notice yet. How long before they send me a notice & what's the chance oof me getting my truck back?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard, since the professional you requested is not available at this time
I suggest that you should have been notified within 30 days of the arrest, if they were going to allow your truck to be returned. It appears that they will file for a civil forfeiture of the property
In Alabama, to forfeit property, the government only needs to present a prima facie case the property is related to criminal activity and thus subject to forfeiture. Thereafter, the burden is usually on the property owner to prove that he is innocent—that the underlying offense was committed without his knowledge or consent—and therefore the property cannot be taken.
I suggest that you will want to contact the Attorney General's office explain that you had no knowledge of the criminal activity and see what the status of the truck is.
If they have filed for civil forfeiture or are planning on it, they have to let you know.
I suggest that the civil forfeiture process is very detailed and that you might consider consulting with a local criminal defense attorney to help you to get the truck returned.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.
​Thank you