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    barbcronan's Avatar
    barbcronan Posts: 3, Reputation: 1
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    #1

    Feb 6, 2008, 11:33 PM
    Seizure of vehicle
    My friend was arrested for poss w/ intent and the city of clarkesville ga. Filled a summons to seize it but the truck did not belong to him it was his brothers what are my chances of saving this vehicle
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #2

    Feb 7, 2008, 12:14 AM
    Probably slim. They have a right to file on any vehicle used during a crime... from my understanding... you might be able to talk with the district attorney and if the owner did not give the driver permission to use the vehicle there is a chance, but that would mean that the vehicle was stolen and might result in more charges. In some cases, the vehicle might be returned if no knowledge of the wrong doing was present. I am not a lawyer, and only trying to offer a little bit of ideas... but it doesn't seem like it will be an easy thing to accomplish.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Feb 7, 2008, 04:50 AM
    Hello bar:

    The brother is going to have to appear to show the truck is his.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 7, 2008, 06:01 AM
    [QUOTE=excon]Hello bar:

    The brother is going to have to appear to show the truck is his.



    In NYS the vehicle is subject to seizure (unless it's stolen) under the assumption that the owner could have/should have known is was going to be used in the commission of a "crime" and should have kept it under his/her own care and control.

    Same if you're crossing the border with contraband in someone else's car - good-bye car!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Feb 7, 2008, 06:33 AM
    Quote Originally Posted by JudyKayTee
    the owner could have/should have known is was going to be used in the commission of a "crime" and should have kept it under his/her own care and control.
    Hello again, Judy:

    No argument there. I should have expanded on my answer. Not only does he have to show the truck is his, he's going to have to show that he DIDN'T know it was going to be used in a crime.

    It's a civil case so only a preponderance of the evidence is needed.

    The same thing is true for cash seizures. If one can show income covering the amount of cash seized, one will get it back. Most times, however, the people don't even show up for the seizure hearings and lose their property by default.

    excon
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