Vehicle Seizure

Az. A few days ago my son was arrested (Armed Robbery, Possion of marijuna, and possion with intent to sell). First off I do not condone what he did, and I am not trying to make excuses for him. My problem is when he was arrested he was driving my car and the police seized it because it was used in the commision of a violent crime. My question is what do I need to do to try and get the car back? What is the name of your state (only U.S. law)? Az

Destick said:

Az. A few days ago my son was arrested (Armed Robbery, Possion of marijuna, and possion with intent to sell). First off I do not condone what he did, and I am not trying to make excuses for him. My problem is when he was arrested he was driving my car and the police seized it because it was used in the commision of a violent crime. My question is what do I need to do to try and get the car back?

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Has it been seized for evidence? Has it been seized because he was arrested?

What did the police tell you when you asked them how you could get the car back?

- Carl

Police said it was being seized because it was used in the commision of a violent crime and a drug offense. They would not give any information on how to go about getting the car back. They did not say it was being seized as evidence either.

Destick said:

Police said it was being seized because it was used in the commision of a violent crime and a drug offense. They would not give any information on how to go about getting the car back. They did not say it was being seized as evidence either.

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Did you ask how to get it back? They might not simply volunteer that info.

I am not aware of the laws in your state in this area, but I suppose it is a possibility that a vehicle used in a violent crime could be subject to forfeiture. If the vehicle is solely in your name, I imagine that there is some way to get the vehicle back at some point. You should call and ask to speak to someone who can give you that answer.

- Carl

Yes, I did ask but they would only say that it belonged to the city og Phoenix now. I able to find this:
Under seizure laws
ARS13-3413 3. Vehicles to transport or in any manner facilitate the transportation, sale or receipt of, or in which is contained or possessed, any item or drug, except as provided in chapter 39 of this title.

and under property forfeiture
ARS13-404
4. No owner's or interest holder's interest may be forfeited under this chapter if the owner or interest holder establishes all of the following:

(a) He acquired the interest before or during the conduct giving rise to forfeiture.

(b) He did not empower any person whose act or omission gives rise to forfeiture with legal or equitable power to convey the interest, as to a bona fide purchaser for value, and he was not married to any such person or if married to such person, held the property as separate property.

(c) He did not know and could not reasonably have known of the act or omission or that it was likely to occur.

Don't know if it helps, but I still can't find how to go about getting it back

Good find.

I suspect you might have to consult an attorney on the issue. Sometimes a letter from an attorney will knock loose a logjam in a bureaucracy, especially if the agency is operating under an erroneous assumption.

However, all bets are off if your son's name appears on the registration or some form of release of liability to him. In other words, if your son is listed as an owener or responsible party, they may be able to seize it. Though, even in a seizure, I suspect they have to go through a court process it's not simply an automatic issue because he was arrested and charged.

- Carl

Fortunately he is not on the registration and was only allowed to use it for work and school

Destick said:

Fortunately he is not on the registration and was only allowed to use it for work and school

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Well, then, I would suggest you work your way up the food chain at the police department - perhaps to the Chief. if they still say, "Sorry", it's time to get an attorney. Also, I wouldn't wait too long because there may be a very short time frame (maybe 10 days) in which you can protest their seizure of the vehicle so you might want to work your way up the chain quickly, then speak to an attorney equally fast.

- Carl

The forfeiture is a civil process, and you should hire an attorney - it is a complicated process to regain your car.

If they did it through a forfeiture statute, then you have the burden of filing to acquire possession. They won't be too helpful in advising you of the process - you really need an attorney who has a successful track record in this area.

Call your local Bar Association (look it up under your county name) and ask for a criminal law attorney who has done civil forfeiture filings.

Good luck.
Technically, they can keep anything which was used in the commission of a crime - especially drug crimes. You will have to establish your lack of knowledge and that you are an innocent party.

First of all. Thank you so much for the advise. I found out some very good information during this fiasco. I found out my son is only guilty of being stupid. One of the other kids in the car comitted the crime (he is still being charged though). I talked to a lawyer and was told to contact the loan company (GMAC) they could help. And to my surprise they were already working on it when I called. Loan company gave me the Detectives name (police would not). The kids case is being sent to a Grand Jury and we are working on that part too.

Thank You All! I got my car back 5/30/09.