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Charges were No Billed

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Bama_Mom

Junior Member
What is the name of your state (only U.S. law)? Mississippi


I was arrested on April 15, 2014 for possession of meth and the police seized my car. The charges were No Billed by the Grand Jury last Monday. I was wanting to know since the charges were No Billed do they have to give my car back to me or do they get to keep it? I've heard so many different answers.
 


TigerD

Senior Member
What is the name of your state (only U.S. law)? Mississippi


I was arrested on April 15, 2014 for possession of meth and the police seized my car. The charges were No Billed by the Grand Jury last Monday. I was wanting to know since the charges were No Billed do they have to give my car back to me or do they get to keep it? I've heard so many different answers.
Let me introduce you to the concept known as civil asset forfeiture. This is where law enforcement officers justify highway robbery of people because, well, it is the cops who are the thieves and the Feds who are the fence. The local police (we'll refer to them as organized crime gang members) seize your property and turn it over to the Feds for forfeiture. The Feds skim 20 percent off of the top - exactly like the mafia bosses they learned from - and return the balance to the local ... organized crime gang members playing dress up as police. You have sue for your property's return. But who do you sue? Good question - you are going to have to spend more on legal fees than your car is worth.

Make no mistake about it - civil asset forfeiture is strong arm robbery. Your property is being stolen from you at gun point. It is an outshoot from the "War on Drugs" and it has corrupted police across the nation. Check out the Institute for Justice, Americans for Forfeiture Reform, and Cato Institute for more information on the subject.

DC
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Mississippi


I was arrested on April 15, 2014 for possession of meth and the police seized my car. The charges were No Billed by the Grand Jury last Monday. I was wanting to know since the charges were No Billed do they have to give my car back to me or do they get to keep it? I've heard so many different answers.
You have to request that the State returns it: http://law.justia.com/codes/mississippi/2013/title-63/chapter-11/section-63-11-49

This attorney blog goes into detail: http://www.tobywelch.com/defense-attorney-FAQs/criminal-defense-FAQs.php?faq=39&faq_id=39
(Note: I/we have NO connection to the attorney who wrote the blog, and am merely including it for information.)
 

Bama_Mom

Junior Member
So basically I was supposed to file a petition within 30 days after I was arrested? Heck I would have had to hire an attorney and at the time I was broke because of the bail plus I was a single mom too. I have another question, I was at my exs house when I was arrested. They busted down his doors and as of today we still haven't seen an search warrant, without the search warrant did they even have the right to search my car cuz I didn't live on the property?
 

Ohiogal

Queen Bee
So basically I was supposed to file a petition within 30 days after I was arrested? Heck I would have had to hire an attorney and at the time I was broke because of the bail plus I was a single mom too. I have another question, I was at my exs house when I was arrested. They busted down his doors and as of today we still haven't seen an search warrant, without the search warrant did they even have the right to search my car cuz I didn't live on the property?
So your ex had meth and you were hanging out with him?
 

HighwayMan

Super Secret Senior Member
I have another question, I was at my exs house when I was arrested. They busted down his doors and as of today we still haven't seen an search warrant, without the search warrant...

It's a little late now to ask.

Did you ever ask to see a warrant? What did your attorney say about it?
 

schouvler15

Junior Member
You do know you need to pay for storage of the vehicle after the police ended its investigation, right? Sadly since its been so long depending when they started storing your car it may not be worth getting it back to begin with. That's a large reason why auto evidence is abandoned.
 

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