Winona, MN Criminal Defense Attorney Richmond H. McCluer, Jr. talks about getting your vehicle impounded and if you can get it back.
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The first thing you need to know if the police have served with a notice of forfeiture is that it’s very time critical. That you need to do something to contest that forfeiture or else the time period will lapse and the police will just get to keep your vehicle. There are a variety of defenses that you can raise in a forfeiture proceeding. Oftentimes, if you co-own the vehicle with someone else or the vehicle is owned by someone else, something quite often in a college town. We have cars that are owned by parents, you can assert the innocent owner defense in which the owner did not have any reason to believe that the vehicle was going to be used in a prohibitive or illegal fashion. But the important thing is to consult an attorney quickly and make sure that you make the appropriate court filings, otherwise all your defenses and all your rights can be lost.