Need Help - Property Seized

[cagal123]

What is the name of your state? CA
My roomate was detained for a parole violation and the vehicle owned by our corporation was seized. The sheriff told my roomate's lawyer that it was held as evidence for the parole hearing. The hearing came and went but the sheriff stated to my roomate's lawyer that the vehicle would not be released because the DA had not given a green light. My roomate was found in violation and serving a five month parole sentence but no formal criminal charges have been filed. The vehicle is registered to the corporation and myself and my roomate does not have any personal ownership in it. I sent a written request to the officer that my rommate's lawyer has dealt with but no reply was submitted. What should be the next step? I am losing money paying for a vehicle I am unable to use. I would appreciate any advice.

 

[JusticeUnderGod]

Because the car belongs to the corporation you work for, you should notify the corporation. The company’s lawyer would be best at resolving the issue as the car is registered to them.

-JUG

 

[CdwJava]

The agency will likely not release it from an evidence hold without a letter from the District Attorney indicating it will no longer be needed, or without a judge's order. As suggested, the Corporate attorney can likely expedite this matter. It may also be as simple as speaking to someone higher up on the food chain (lieutenant, captain or chief).

- Carl

 

[justalayman]

Curious as to what evidence the car would be to begin with and why it would need to be held at all. Depending on the answer to that, in certain situations the car may be continued to be held pending an appeal by the defendant. If it is that critical to the case, it may be held until any appeal possibility is restricted by law.

You also state that no criminal charges have been filed. Is it still within the SoL for the state to file charges? If so and the car is critical, they may be holding it until a final decision is made.

Carl is a cop and deals with this type of situation and would have more knowledge as to a successful avenue but I would think the police actually have no control of the vehicle. The DA is the one that controls the retention of the evidence since they are the ones who prosecute the charges. Since you recieved no answer to your letter, I would suggest a phone call or personal visit with the DA's or at least his personell. They may be able to enlighten you as to the reason for continued retention of the car.

 

[acmb05]

Because the car belongs to the corporation you work for, you should notify the corporation. The company’s lawyer would be best at resolving the issue as the car is registered to them.

-JUG

I do believe they own the corporation together and they probably don't have a corp. Lawyer because it is a two man operation.

 

[CdwJava]

Curious as to what evidence the car would be to begin with and why it would need to be held at all.

Since he was a parolee, it could be that there were allegations of some other criminal activity and perhaps the car was held while they looked in to an unrelated incident.

You are right, we do not always have a lot of control over the evidence. However, the agency does have costs for holding the car so my guess is that if they can release it they will. It might just be a matter of talking to the right person at the agency or the DA.

- Carl

 

[cagal123]

Property seizure - more details

According to my roommate's lawyer the contact officer stated that a possible investigation was occuring but did not provide any specifics. No reasons or allegations. My roommate and I have racked our brains trying to think what kind of investigation would be pending since a parole sentence has been handed down. It seems that if the DA is so sure my roomate commited a crime they would have pressed charges even before the parole hearing or at least by now. The vehicle has been held for over three months and it seems logical that they would have had plenty of time to make whatever evidence gathering by this time. I don't have a corp lawyer since it is a two person operation. Since we don't know what "crime" is being invetigatied it is dififcult to determine a possible SOL date for this investigation. Can they hold the car indefintely? It is an extreme hardship to the course of ordinary business. At this point would it be advisable to file a some court proceding to get it out? Also thanks for your replies.

 

[CdwJava]

It sounds as if you need to speak to someone in charge at the department to ask about the car. If that doesn't work, contact the District Attorney's office and ask if they can give you a written release for the car. Lacking that, you would have to go to court.

There can be any number of reasons why they are holding on to it. If it IS for a criminal investigation it could take a long time depending on what they are looking into. His having been violated on parole does not mean that he will not be charged for something else.

- Carl