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My ATV seized during arrest?

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ckh28

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

Okay, back around the first of November of 2008 my brother was arrested on trafficking charges at his home. During the seizing of his property, they had taken my 4-wheeler, which was on his property at the time. He had borrowed it the day before and was to return it the next day to me. Anyway, it has been almost 3 months since this and he is still in jail. I have talked to almost everyone here in the court system, Sheriff's Dept., Circuit Judge, District Judge, Prosecuting Attorney and County Attorney. They have all given me the turn about. No answers, just that one or the other is to release it to me. Well, I was also told that I will have to pay towing and storage fee of the 4-wheeler before it is released to me, which is $25.00 a day (for 3 months now). Also, I am still paying on the 4-wheeler, $200.00 a month, and owe 2 more years on it. Can they really do this to me? This is so not fair!What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Kentucky

Okay, back around the first of November of 2008 my brother was arrested on trafficking charges at his home. During the seizing of his property, they had taken my 4-wheeler, which was on his property at the time. He had borrowed it the day before and was to return it the next day to me. Anyway, it has been almost 3 months since this and he is still in jail. I have talked to almost everyone here in the court system, Sheriff's Dept., Circuit Judge, District Judge, Prosecuting Attorney and County Attorney. They have all given me the turn about. No answers, just that one or the other is to release it to me. Well, I was also told that I will have to pay towing and storage fee of the 4-wheeler before it is released to me, which is $25.00 a day (for 3 months now). Also, I am still paying on the 4-wheeler, $200.00 a month, and owe 2 more years on it. Can they really do this to me? This is so not fair!What is the name of your state (only U.S. law)?

Answer: Yes, they can.
 

msiron

Member
ahhh so if I am visiting someone, park my car in their driveway.... decide to walk to the local corner store.... leave & walk to the store and they raid the house... I return and MY car which was in the driveway is confiscated... they can legally do this and I have no recourse?
 

ckh28

Junior Member
That's what I don't understand. I just don't see how they can do this to me. I am having a hard time as it is, being a single mom of 2. I need to get a lawyer, but just can't afford one.
 

HomeGuru

Senior Member
That's what I don't understand. I just don't see how they can do this to me. I am having a hard time as it is, being a single mom of 2. I need to get a lawyer, but just can't afford one.
**A: so what's the problem? Pay the fees and get your vehicle back.
And never let a drug dealer ever use your vehicles again.
 

Zigner

Senior Member, Non-Attorney
ahhh so if I am visiting someone, park my car in their driveway.... decide to walk to the local corner store.... leave & walk to the store and they raid the house... I return and MY car which was in the driveway is confiscated... they can legally do this and I have no recourse?
No - look at it this way.
You loan your atv to a friend. Said friend has his house raided and is arrested on the charges of trafficking. The atv is confiscated as part of the investigation (it's not "titled" like a car).

Yes, they can do that.


OP needs to pay to retrieve her ATV. She could have done that long ago.
 

ckh28

Junior Member
Well, I'm not on here to be bashed about letting my brother borrow my 4-wheeler. I'm here to get advise on what I can do about getting it back. In response to you saying that I should have tried to get it back a long time ago, I did. I have tried since day #1, with no luck.

For your information, my brother had been in rehab for the past year, getting help and had straightened up. He was released from rehab a month before this trafficking charge. They had brought in an indictment charge on him from 2007, this after being drug free for over a year. On the day the 4-wheeler was taken, he and his 12-year-old son had went into the mountains 4-wheeling, just to have something to do. I let him borrow this out of the kindness of my heart and look what happened. I'm telling you, I know my brother and yes before he was a druggie, but not now.

I know you will have something else to say to me about this, but I really don't care. I was just on here to find out what I can do about getting it back....
 

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