Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was pulled over with marijuana and they arr trying to

I was pulled over...

I was pulled over with marijuana and they arr trying to charge me with intent to sell. The court wrote up an indictment and left out my car for forfeiture, but took all my money. I asked the judge for my car back, and was granted the car back. Now, 10 days later, they posted a supplemental indictment and are saying that my car is up for forfeiture again. Is this something that is able to happen? If so, what if I were to sell my car today.

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

F3 possession F3 trafficking

Lawyer's Assistant: Have you talked to an AR lawyer about this yet?

Next court date next Thursday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I have my car in my possession right now.

Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 22 minutes by:
3/16/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,854
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. In what US state has this occurred?

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Ohio

Thank you. Please give me a few minutes to research the civil forfeiture statute.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Thank you.

Unfortunately, yes. This would appear to be legal. If the state investigates further and files a supplemental indictment on the basis of additional evidence that evidence could allow them to initiate forfeiture proceedings against you after the filing of a felony indictment. Here are the two sections of the law that would apply:

http://codes.ohio.gov/orc/2981.05

http://codes.ohio.gov/orc/2981.02

As for selling the car once you've been informed it's subject to forfeiture, it would be inadvisable. It could be seen as obstruction of justice which is a criminal offense or result in some other related charge. And, you wouldn't get to keep the proceeds of the sale, since the state would consider that dirty money.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
I went to court last Thursday and I wasn’t informed of this even though it was filed a day before the police station released it to me. My mom was going to put the car in her name today. Does this mean that they are able to come take my car at anytime? Or just that I’m going to have a hearing about it and they can take it if the evidence allows.
Customer reply replied 5 months ago
I paid 250$ to get the car out too

Yes. They can initiate forfeiture proceedings at any time post-indictment.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Would you happen to have any knowledge on whether or not there would be a hold on the car at the BMV preventing it from being transferred to someone else’s name.

No. I really don't.

States frequently do notify the state after a vehicle is seized, but I can't find anything in your code that would allow them to put a hold or a lien on it beforehand.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Thank you for all your help! You were wonderful

Thank you!

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,854
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Can they legally seize a car not in my name?

If they know that you transferred the title of the car to avoid forfeiture? Yes. The title owner could try to contest that on the basis that all he or she is is the innocent owner, but it would depend upon how the evidence plays out.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
Yea, I just don’t see how they could take the car back like that if it was legally given to me and I had no idea about the forfeiture. I didn’t see the forfeiture notice until yesterday just because I was looking up my records
Customer reply replied 5 months ago
Like if I said that
Customer reply replied 5 months ago
Because I want served any type of notice

Whether the car was legally given to you or not would be something that would have to be addressed at a forfeiture hearing if the basis of the forfeiture was that the car was purchased with dirty money. They could be saying that the car was used in the commission of illegal drug selling. In any case there is a notice requirement and an opportunity for you to contest the seizure at a hearing.

Ask Your Own Criminal Law Question
Customer reply replied 5 months ago
hypothetically, if the evidence showed that I was pulled over with 1700 grams of weed while just driving home be enough evidence to seize the car if my title says that the car was given to me as a gift a year ago.

You were using the car to transport 3 3/4 pounds of weed for which you've been indicted. The car can be seized as the instrumentality of a crime, even if you were gifted it.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,854
31,854 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I have a couple questions from things that happened earlier
I have a couple questions from things that happened earlier today … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,854 satisfied customers
If I attend a marijuana convention in California and mail
If I attend a marijuana convention in California and mail some medicated edible products and marijuana totaling 10 grams of total combined marijuana weight back home to VIRGINIA.What Federal law would… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My son was arrested 1/17/2017 for meth trafficking,
My son was arrested 1/17/2017 for meth trafficking, possession of marijuana with intent to distribute, clonazepam w/intent and firearms during a crime. He had 3 pending cases at the time...most of whi… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,854 satisfied customers
I was parked on the side of the road 1 block from my house.
I was parked on the side of the road 1 block from my house. I had pulled over to check my email on my phone.While sitting there parked, 2 cops pulled up and starting harassing me. They eventually sear… read more
Legal-Kal
Legal-Kal
Attorney
J.D.
600 satisfied customers
I have been criminally charged but not indicted. The Sheriffs
I have been criminally charged but not indicted. The Sheriff's department came out and sized all of my cars. It has been over 30 days now since this happened. The sheriff's department returned two out… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can the police be accused of stealing my car? My adult son
Can the police be accused of stealing my car? My adult son was driving my car and was pulled over by police. He informed them that it was my car; they brought in K-9 unit to search car and found narco… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,854 satisfied customers
client stopped for speeding; accoding to cads it was a callout
client stopped for speeding; accoding to cads it was a callout for drugs. client gets a ticket for speeding and poss. marijuana; client claims that subsequent to writng of tickets Officer pulled him o… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
My 18 year old son ran a stop sign and was pulled over. The
My 18 year old son ran a stop sign and was pulled over. The officers had sniffing dogs and they found a bud or marijuana about the size of a nickel. He got two tickets one for the stop sign and one fo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
What are the chances for a 19 yr old first time offender charged
What are the chances for a 19 yr old first time offender charged with 4 counts of drug possesson 2 counts(marijuana and paraphernalia), 2 counts of controlled substance to get probation and have their… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,854 satisfied customers
My fiance was in volved in an argument that resulted in a fight.
My fiance was in volved in an argument that resulted in a fight. Our neighbor was being irate with him but he was trying to disfuse the situation. The neighbor punched him in the stomach so he hit him… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,854 satisfied customers
I recieved A ticket for speeding (81 in a 85) as I was pulled
I recieved A ticket for speeding (81 in a 85) as I was pulled over, it was appearant for probable cause for him to search, for I just smoked marijuana before driving, but the residual smell was enough… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
2 roommates - in Alabama. Officer arrives to arrest roommate
2 roommates - in Alabama. Officer arrives to arrest roommate 1 for failure to appear from traffic citations. While in the apt., officer eyes marijuana, pipes. Officer searches remainder of appt - find… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
My car was seized from my son when he was arrested (drug related,
My car was seized from my son when he was arrested (drug related, marijuana). All charges were droped and they were required to expunge everything associated with the arrest from my son's record. Howe… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
I was pulled over 7/1/09 in Itasca county Minnesota for speeding.
I was pulled over 7/1/09 in Itasca county Minnesota for speeding. I just purchased my car with a loan from the bank and I was in possesion of a little over a ounce of marijuana and my license were sus… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,854 satisfied customers
I have court tomorrow for possession of marijuana. I was driving
I have court tomorrow for possession of marijuana. I was driving my car with three of my friends and got pulled over and the police found less than a gram of marijuana on the floor. They handcuffed al… read more
Colin Beach
Colin Beach
Doctoral Degree
29 satisfied customers
my nephew got charged with possession a pot with intent to
my nephew got charged with possession a pot with intent to sell when he was pulled over in virginia, they took his car too. 18.2-258 and 18.2-248.1 is what he was charged with. Can his car be sold by … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
50 year old woman, currently employed. Pulled over for a traffic
50 year old woman, currently employed. Pulled over for a traffic infraction. Officer smelled marijuana in the car. It was admitted to being in possesion of 7 grams of marijuana. Was not arrested but g… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
Car owner, is ill, cant drive.Asks another to drive.
Car owner, is ill, can''t drive.Asks another to drive. Driver is stopped and is in possession of illegal substance. Charge for both is trafficing. Owner pleads no contest to allowing a person without … read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x