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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.

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Customer reply replied 1 month ago
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3/16/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,094
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

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

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Customer reply replied 1 month ago
Ohio

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

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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 1 month ago
I paid 250$ to get the car out too

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

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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: 30,094
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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 1 month ago
Like if I said that
Customer reply replied 1 month 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.

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Customer reply replied 1 month 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.

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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,094
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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