Sunday, October 19, 2014

Impounded Vehicle / Evidentiary Hold / Forfeiture / Innocent Third Party / Return of Property / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    If someone was caught stealing and had my vehicle but i had no idea they were stealing what can i do to get my vehicle back?  We have a business and an employee (now ex employee) used the company vehicle to steal from private property. We had no idea he did this. Can i get my vehicle back. This happened in forsyth county.

Michael Adam Haber


Contributor Level 20
Answered I am not a GA lawyer so I cannot comment on matters of GA law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for 23 years, then I would say that if your vehicle was used in the commission of a crime and is in police custody:

The overwhelming odds are that the car has no independent evidentiary value which requires its continued impoundment, and if that is the case, then it should be returned to you after processing and upon proof of registered ownership.

When it comes to impounded vehicles law enforcement usually enjoys the following options: 1) Impound with no hold, release to registered owner with proof of ownership and payment of impound related fees; 2) Impound with an evidentiary hold, no release without a Court Order; and 3) Impound with a forfeiture hold, no release until after forfeiture proceedings have concluded.

My advise: Hire a local criminal defense lawyer who can discuss (and persuade the cops to believe) the fact that you are an "innocent third party" who is also being victimized by the continued impound of your vehicle.

To be clear, although they may lawfully require your statement so as to release the car to you, I do not recommend your engaging the cops in this dialogue without the assistance of a skilled and experienced criminal defense lawyer.

I hope that I have been helpful in answering your question.
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Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

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1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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