Car seized as evidence

[Nvanca]

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

My 19 year old sister lent her car to her boyfriend and it was used in a robbery. She was arrested along with 3 others a month ago. They have absolutely 0 evidence against her, as she was not there. Her case will most likely be dismissed, so that is not the problem. The problem is they seized her car. She was never given a property voucher or any other information. Presently we don't even know where the car is.

She has a public defender who is less than interested in attempting to get this car back for her. According to him, he has made 2 calls to the DA in a month and hasn't heard back. From what I'm reading on the legal aid website she can request a separate hearing in criminal court to attempt to get it back. Is that true? If so, how do we go about doing that? Should we be looking for a new lawyer to do this?

I understand that there is a possibility the car will be kept until the case is closed, but she has the right to at the very least TRY to get it back sooner correct? She has no criminal record and works 2 jobs, she's a good kid.

Any info would be appreciated! Thanks a bunch!

 

[Ohiogal]

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

My 19 year old sister lent her car to her boyfriend and it was used in a robbery. She was arrested along with 3 others a month ago. They have absolutely 0 evidence against her, as she was not there. Her case will most likely be dismissed, so that is not the problem. The problem is they seized her car. She was never given a property voucher or any other information. Presently we don't even know where the car is.

She has a public defender who is less than interested in attempting to get this car back for her. According to him, he has made 2 calls to the DA in a month and hasn't heard back. From what I'm reading on the legal aid website she can request a separate hearing in criminal court to attempt to get it back. Is that true? If so, how do we go about doing that? Should we be looking for a new lawyer to do this?

I understand that there is a possibility the car will be kept until the case is closed, but she has the right to at the very least TRY to get it back sooner correct? She has no criminal record and works 2 jobs, she's a good kid.

Any info would be appreciated! Thanks a bunch!

Actually they do have evidence against her -- HER CAR was used. You are not involved. She is not going to get a hearing most likely until the case is resolved. Your sister could actually be convicted because she was an accomplice. She is not a good kid. She is involved with someone who commits crimes and apparently she hasn't broken up with him yet because you still refer to him as her boyfriend. That shows a lack of judgment on her part. In addition, she is an adult.

 

[Nvanca]

Thank you for the opinion regarding my sisters character. I'll take it in to consideration.

Even accused murderers and child molesters have the right to a fair shake in the eyes of the court, don't they? She may lave "lack of judgement" but her rights are still protected correct?

I'm asking what her RIGHTS are as far as an ATTEMPT to get the vehicle back. I understand that they could keep it until this case is resolved, I stated that.

"In the case of a car impounded as evidence, the prosecutor must obtain an order from a judge authorizing impoundment for that reason. A person has the right to a hearing in criminal court to challenge such an order."

Taken from the legal aid of NY website.

Does she need a lawyer to request said hearing or can she request it through the court herself?

 

[tranquility]

If the robbery included the use of a firearm, it is quite possible the car is seized permanently and not just for evidence.

http://www.nyc.gov/html/nypd/html/legal_matters/dclm_civil_enforcement_unit.shtml

One of the CEU’s main forfeiture initiatives focus on vehicles used during crimes involving illegal firearms. The CEU utilizes the forfeiture case to enhance the Department’s goal of reducing the number of illegal firearms on the streets by adding an additional economic incentive for people to not transport illegal firearms in their vehicles as well as by working with detective squads to develop information that will lead to further seizures of illegal firearms.

http://law.wustl.edu/journal/4/Whittle.pdf


But, the rules for release if just seized for evidence (If NYC):
http://www.nyc.gov/html/nypd/html/property_clerk/property_clerk.shtml

 

[Ohiogal]

Thank you for the opinion regarding my sisters character. I'll take it in to consideration.

Even accused murderers and child molesters have the right to a fair shake in the eyes of the court, don't they? She may lave "lack of judgement" but her rights are still protected correct?

I'm asking what her RIGHTS are as far as an ATTEMPT to get the vehicle back. I understand that they could keep it until this case is resolved, I stated that.

"In the case of a car impounded as evidence, the prosecutor must obtain an order from a judge authorizing impoundment for that reason. A person has the right to a hearing in criminal court to challenge such an order."

Taken from the legal aid of NY website.

Does she need a lawyer to request said hearing or can she request it through the court herself?

Your sister NEEDS an attorney.

 

[justalayman]

Sis really needs an attorney big time


I read of a situation recently where a guy loaned his car to a friend (think it was a roommate). Friend and others robbed a bank or store or something. Somebody got killed. Car owner recently sentenced to prison. It was a very lengthy sentence.


Car owner was actually asleep when friend asked to borrow car. Apparently there was some basic knowledge of the actions friend was going to take (killing somebody was not intended to be part of the robbery) but that knowledge was enough to stick car owner in prison


As long as there are charges against sister, she isn't getting the car back. Even if the charges against her are dropped (and I think you are being a bit premature with your belief the charges will be dropped) she can file a request for the return of the car . The car may still not be released. It will depend on whether it is needed as evidence in the trial of the friends.

 

[Nvanca]

Thank you! This has been going on for about a month or so, there was no weapons involved and no one was physically injured. They allegedly took a kids x-box (not minimizing the crime, but it certainly wasn't the crime of the century).

I know that they could in fact keep the car up until the end of it all, but if she is entitled to a hearing about it I want her to have that hearing. If they say no, they say no. Nothing we can do from that point on. Worth the attempt though. Like I stated, she has 2 jobs and is currently a contributing member of society. Without a car she will lose them both. Seems counterproductive to me!

Thanks for all your help, she has a public defender but I am actively searching for paid representation for her.

 

[Ohiogal]

Thank you! This has been going on for about a month or so, there was no weapons involved and no one was physically injured. They allegedly took a kids x-box (not minimizing the crime, but it certainly wasn't the crime of the century).

I know that they could in fact keep the car up until the end of it all, but if she is entitled to a hearing about it I want her to have that hearing. If they say no, they say no. Nothing we can do from that point on. Worth the attempt though. Like I stated, she has 2 jobs and is currently a contributing member of society. Without a car she will lose them both. Seems counterproductive to me!

Thanks for all your help, she has a public defender but I am actively searching for paid representation for her.

Really? Why? Because the public defender is not good enough?

 

[Zigner]

They allegedly took a kids x-box (not minimizing the crime, but it certainly wasn't the crime of the century).

On the contrary, that is the very definition of "minimizing the crime."

 

[Mt_Vernon]

Like I stated, she has 2 jobs and is currently a contributing member of society. Without a car she will lose them both. Seems counterproductive to me!

Question: If your sister has been without her car for the last month, and if she needs the car to keep her two jobs, then does she still have her two jobs? If yes, how?

 

[HighwayMan]

What jurisdiction is this, i.e. what court is involved?