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If a search warrant produces the items listed drugs, gun,

and money And vehicle on...
If a search warrant produces the items listed drugs, gun, and money And vehicle on the property is impounded with charges being manufacturing and distributing, POM, and possession of firearm and the reason for impoundment was the distributing charge, but later two of the 3 charges are dropped leaving only the POM. Shouldn’t They be able to get their vehicle back ?
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Answered in 2 minutes by:
3/19/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,337
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Has the car been earmarked for forfeiture? Is it being held as evidence?

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Customer reply replied 4 months ago
The arrest happened Friday the money and marijuana Were found in the house the gun was found in the vehicle the vehicle was taken to police in pound or and no one is returning my calls today about going to pick up the vehicle on the paper where it says hold yes or no neither one of those are circled

The state can get a warrant and do a thorough search of the vehicle to check to investigate for further drug activity. But if they're not doing that and if they are not holding the car to be used as evidence in the case, you'd have a strong argument that the car should be released.

If the police won't cooperate, the owner of the car can go to the prosecutor who is assigned to the case and see if he will consider giving the owner a release for the vehicle. If the owner is not the defendant, just establishing with the prosecutor that he or she is the innocent owner of this car can often be successful. If the defendant is the owner, this is something that he should leave to his attorney to accomplish for him.

Once the DA grants a release, the police may not choose to comply, but then the lawyer can go to court for an order compelling the police to return it.

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Customer reply replied 4 months ago
The car was searched by officers at the same time the house was being searched at the house. They impounded the car saying since the gun was found in it with a few seeds that it was used for distributing. But that charge was dropped.
Customer reply replied 4 months ago
The owner of the car is the one charged . The charge being POM found in the house.

Thanks for the reply.

Police can keep the car in impound if they are investigating the vehicle, if ti's being used as evidence, if it is the means or instrumentality of a crime, or ifthey are earmarking it for forfeiture.

The defendant should have his lawyer contact the prosecutor and try to obtain a release. If none of the above apply, he'd be entitled to the car, but they can make him go to court over it.

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Customer reply replied 4 months ago
It is his transportation to and from school and to work . The seeds were left over from personal use which is still not legal in Texas and this particular county is harder than most when it comes to that. He doesn’t have a lawyer yet.

I understand this inconveniences him, and I am not saying this is right. It's not at all. But in my experience, virtually everywhere throughout the country, when police impound property due to guns and drugs, they make it as difficult as possible for the person to get it back, even when legally they are entitled to it.

The prosecutor will probably not want to speak to the defendant. He needs to have a lawyer. If he cannot afford one because he's only working part-time and is a student, the public defender's office may assist him if he wants to stop by there for some help with this. They can't take his case until appointed by a judge but in an emergency situation, they can sometimes be prevailed upon to make phone calls or court appearances on behalf of someone who's going to be a public defense case anyway.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,337
Experience: Active member of the NYS bar since 1989
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Customer reply replied 4 months ago
Thank u soo very much for all of ur help !
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