Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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 ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
3/19/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,014
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

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

Ask Your Own Legal Question
Customer reply replied 1 month 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.

Ask Your Own Legal Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Legal Question
Customer reply replied 1 month 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: 30,014
Experience: Active member of the NYS bar since 1989
Verified
Zoey, JD and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank u soo very much for all of ur help !
Was this answer helpful?
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,014
30,014 Satisfied Customers
Experience: Active member of the NYS bar since 1989

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:

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Question pertaining to my Public Defender in Idaho. I was
Question pertaining to my Public Defender in Idaho. I was charged back in January 18 3028 I have literally had the opportunity to maybe speak with her on the phone 3 times and have only seen her in co… read more
Zoey, JD
Zoey, JD
Attorney
30,014 satisfied customers
My son has been unable to reach his public defender and
My son has been unable to reach his public defender and wants to get a different one who will communicate with him. How does he get that result? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Sorry was disconnected I was denied a public defender at
Sorry was disconnected I was denied a public defender at court when my lawyer dropped me because i could not pay his fees. What can I do? … read more
Zoey, JD
Zoey, JD
Attorney
30,014 satisfied customers
If a search warrant is issued for a suspected place and the
If a search warrant is issued for a suspected place and the place is listed in the warrant do the officers have the right to search a vehicle parked at that location if the vehicle was not listed in t… read more
KLAW
KLAW
Juris Doctorate
2,037 satisfied customers
I had a search warrant served on my house over 3yrs. ago and
i had a search warrant served on my house over 3yrs. ago and was arrested two weeks later.things they took from house they still have.I never was given a court date so i assume they dropped the charge… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Have a question on public defendants if a person cant afford
have a question on public defendants if a person cant afford a laywer.. the state provides one right? what about if the situation relates to federal issue not state or local municiplatt … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
If a public defender has a conflict with a client, Does that
If a public defender has a conflict with a client, Does that mean the whole Public defenders office can't defend him? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I got a call from Mathews, who says he's a public defender
I got a call from John Mathews, who says he's a public defender in Lincoln, Nebraska. He says my son was arrested after a traffic accident: case #***** He says he was arrested for DUI and reckless end… read more
Expert James
Expert James
Doctoral Degree
11,980 satisfied customers
My daughter just fired her public defender now what happens?
my daughter just fired her public defender now what happens? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Before requesting public defender i was told there were 12
before requesting public defender i was told there were 12 video items of evidence, and would cost me $120 to get copies for my defense, they said theryd be free if i got an attorney. public defender … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
A judge in shelby county indiana issued a search warrant,
A judge in shelby county indiana issued a search warrant , then after a change of judge( because of conflict between defendants attorney and that judge) was assigned to same judge that issued the sear… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I had my home searched with a search warrant with the wrong
I had my home searched with a search warrant with the wrong house number is ***** legal? It also never said what the home looked like. … read more
Zoey, JD
Zoey, JD
Attorney
30,014 satisfied customers
A search warrant was served in my home for my son's tools a
A search warrant was served in my home for my son's tools a few months back. I did not read the officer's affidavit to the judge before the search because I knew what they were after. However, after i… read more
Zoey, JD
Zoey, JD
Attorney
30,014 satisfied customers
Reference to a search warrant by building inspector.
reference to a search warrant by building inspector … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
I was granted a public defender and I was supposed to call
Hi I was granted a public defender and I was supposed to call after 1pm today to get in contact with who my attorney would be for my hearing tomorrow. I had called too late and they're closed now. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
More of a general law question. OH. Public Defender. It's
more of a general law question JA: In what state did this occur? Customer: OH JA: Have you talked to a lawyer yet? Customer: Public Defender JA: Anything else you want the lawyer to know before I conn… read more
Bill Attorney
Bill Attorney
law
2,018 satisfied customers
Can you answer a question regarding an old search warrant
Hello, can you answer a question regarding an old search warrant conducted and if it shows on a background check? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Search warrant who sign the paperwork so it legal at
search warrant who sign the paperwork so it legal at residence … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 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