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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 01-22-2008, 03:58 PM
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Join Date: Jan 2008
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Vehicle Forfeiture

What is the name of your state? MN

My brother and his girlfriend broke up and she got a restraining order against him. Last week, he kept asking to use mine and my mom's vehicles because his had a flat tire and he wanted to go out with friends. We let him use our vehicles only to find out when he got arrested on Sunday night that he was using them to follow his ex-girlfriend home from work. So he's in jail and my mom went to his court hearing this am. One of the things they are saying is that they want the vehicles used in the crime forfeited, including mine and my mom's. We had no idea that's what he was doing. Obviously, we need our cars to get to work and stuff. My question is, how do we fight this? Where do we start? I don't even know what paperwork to request or what to do to try to get it so they don't take our cars.
Thanks for any help.
  #2  
Old 01-23-2008, 01:07 PM
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Join Date: Jun 2005
Posts: 2,426
The easiest way is to contact the detective assigned to the case (or the Prosecutor).
Tell them you own this vehicle and need it for work.

Right now, it seems that the Prosecutor is only asking for forfeiture.

Forfeiture proceedings (even without criminal charges) are odd - the onus is on the person attemting to recover the property to file and prove it should be granted to them.


...How did he follow her in two vehicles ?
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