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My Wifes car was seized!!

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Ericfixit

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

I was charged with possession with intent to distribute Class D and Class B (Suboxone) They seized my wifes car to try to muscle me into giving them someone. First How do I get here car back. and If i was not caught with anything on me and was not pulled over how can they do this?
 


smutlydog

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

I was charged with possession with intent to distribute Class D and Class B (Suboxone) They seized my wifes car to try to muscle me into giving them someone. First How do I get here car back. and If i was not caught with anything on me and was not pulled over how can they do this?
If you sold to a snitch or a cop then they probably have evidence that you were in possession of " Suboxone" at one time or another.
 

Just Blue

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

I was charged with possession with intent to distribute Class D and Class B (Suboxone) They seized my wifes car to try to muscle me into giving them someone. First How do I get here car back. and If i was not caught with anything on me and was not pulled over how can they do this?
Is your wife's car the only car that you and she use??
 

Antigone*

Senior Member
I hope you've told your wife. Shoot if my hubby did that to me, He would feel much safer behind bars:cool:. He'd beg the cops to keep his a$$:cool:
 

Ericfixit

Junior Member
there is nothing YOU can do to get the car back.
I thought maybe I could file a motion with the courts to retrieve her car. I have no priors and two children. I know everyone says that they are Innocent. I did screw up but 4 pills to buy groceries come on??
 

Antigone*

Senior Member
I thought maybe I could file a motion with the courts to retrieve her car. I have no priors and two children. I know everyone says that they are Innocent. I did screw up but 4 pills to buy groceries come on??
It is not YOUR car, YOU can't do a thing about it. This ordeal now belongs to your wife.
 

I_Got_Banned

Senior Member
4 pills to buy groceries come on??
How much grocery money did 4 pills get you? And where did you get 4 pills of whatever that is (what the heck Suboxone) to sell for grocery money?

Those are rhetorical questions, by the way. You might dig yourself deeper if you answer them.
 

CdwJava

Senior Member
How (and if) she can get the car back will depend on why the car has been seized. There are a number of possibilities starting with, WHEN did they seize it? Then, HOW did they seize it?

You say you were not stopped in it, so where did they get the car? From your home? The street? The scene of a drug deal?

Start with a tale of how the car came into police possession.

Then, tell us why the police said they took the car. Did they say it was evidence? Was it considered proceeds of a criminal enterprise? Does MA law allow a vehicle to be seized for asset forfeiture if used to transport or sell drugs? What did they tell you?

- Carl
 

Ericfixit

Junior Member
I screwed up and sold a few Suboxone to a CI and 3gr. of smoke to a UC. It has been some months now. still filling motions on the civil matter. They took the car out of our driveway because I would not assist the Detectives in there pursue of wrong doo ers. After a few court appearances I got the class B and class D dropped because the Police dept. would not forward the drug certs. to me or the DA's office. Now I just received a new arraignment date for 2 counts of distribution of class D. I guess they were upset at the dismissal's. As far as I know the Tech that performs the drug testing needs to be called into court if he doesn't show the is no proof of what the substance is? and now I have to enter a motion for my wife to act on behalf of the car. That is the separate matter. one is civil and one is criminal. The police said that the car was used in the sale of a controlled substance. In mass I thought it had to be used more than once for the statute to apply. It was not purchased with the revenue from drug sales. So I guess my question is what else can I do for the car and also the new charges. I know double jeopardy is for murder but they are just stringing this on and on. What happened to a speedy trial.
Thank You guy's ( and Girls) for any Idea's
 
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dave33

Senior Member
1st double jeopardy is not just for murder, but that still has no relevance here. 2nd you need to file a motion for a speedy trial, one is just not automatically granted to the state or defendant. Also it sounds like the police are acting in a borderline manner. It sounds as if your contention may be correct. You have answered your own question. A forfeiture hearing will have to be held, and that is when your wife can appear and dispute the seizing of the car. Where is your lawyer in all this? I realize if you have a public defender he cannot represent you on the seizure issue, but he can still advise. I suspect because of your lack of cooperation the police are abusing their power or taking their authority to the edge. This will not come to a quick resolution. Ask the criminal attorney representing you to clear up a few points. goodluck.
 

Ericfixit

Junior Member
I have submitted to the ADA office and to the clerk of courts for Middlesex Superior Court today.
The Answer to complaint and Affirmation Defenses also a Intervener. (All in my Wifes name)
Hopefully this gets the ball rolling on the car issue. The Public defender is good but I had to say lets push this to trial. I know if I had $5000 this would go away faster, But tis life. I live in a small town and they are having problem keeping 3 detectives on full time, I have noticed that they are reaching for straws around here. There is barley any crime besides the traffic stops. A few years ago there was a car that was stopped going through here with 20 lbs of pot that is when they got the money to hire additional detectives.
No questions just a little conversation.
Thank you for all the great posts.
 

ERAUPIKE

Senior Member
I thought maybe I could file a motion with the courts to retrieve her car. I have no priors and two children. I know everyone says that they are Innocent. I did screw up but 4 pills to buy groceries come on??
As long as your a drug dealer for a good reason**************....:rolleyes:
 

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