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darla

my car was seized for posession of 63 grams a few days ago. is there any way that i can get it back? i dont know the laws, but it was my first offense. i know i am up against a felony, but i dont know what to do. i feel violated. i am not a dealer, it was personal consuption. my husband makes enough money to prove that we can afford the car. does anyone have any experience in this area? do i need a good lawyer? should i just give it up? please help me!

 

GonzoGarbonzo

Yeah, you really should get a good lawyer.

Niteshift

I'd say the same thing.........get a lawyer.

What you're going to have to do is show that your income is in line with your spending and not as a result of illicit income.

Likewise, the state will try to prove otherwise.

However, I will ask this: They seized the car, but have they applied for forfeiture? If not, then they aren't trying to keep it, they are "detaining" it during their investigation.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

VicFerrari

There was a similar thread about this same problem a couple of months ago. I couldn't find it right away, but I didn't look very hard.
Anyhow, the author of the thread had the same issue. If I recall, the police had simply impounded the car and were holding it - a bunch of calls to the police impound division were required. Might want to do this sooner than later - you'll get charged a daily "holding fee". I think most of these impound laws are geared toward DUI more so than anti-marijuana laws but it'll still cause you pain. Might be worth digging up IL laws on this, depending on where you are (e.g. http://www.cityofchicago.org/Revenue...Impounded.html)
- and of course, call a lawyer!

darla

what kind of lawyer should i look for? criminal or civil?

how can i find out if they applied for forfeiture? it wasnt in the city of chicago, it was the suburb of chicago ridge, but i do appeciate the link, it at least gives some kind of idea at what im looking at.

 

Niteshift

If you are charged with a crime, always go with a criminal attorney.

If they are seeking forfeiture of the car, they will have to notify the registered owner in writing (or at least attempt to, if the address is wrong, that's not their fault.).

darla

is there an amount of time that they have to do this forfeiture?

do i contact the cheif of police to see if i have any options or chance of getting the car back? or do i stricly let a lawyer do this?

aside from a lawyer is there anything at all that can help me increase the chances of getting the car back?

how do i prove that it wasnt purchased with illicit funds? work check stubs?
bank statements?

are seizures & forfeitures common for a possession arrest? how successful are they? is it the town where i was arrested that decides the fate of my car? or is it the state?

what kind of price am i looking at paying a lawyer for getting out of the felony? how about the seizure and forfeiture?

is there a minimum or maximum penalty that i can expect?

i am a first time offender. i apologize for all of the questions, and i appreciate the help sooo much! thank you niteshift!

darla

i got a good lawyer. he tells me there is a 90% chance that i will never see my car again. i can't believe it.

GonzoGarbonzo

God Bless America!

marijuana_pot

ya get a good lawyer