Legal Question in Administrative Law in California

I have a business that purchases junk cars and then resell those cars to dismantlers for scrap metal. oftentimes, I have to go through lein process to obtain title before selling them. Recently Cal DMV investigators came to my yard to inspect my cars (approximately 80 cars in yard). They had no warrant and asked that I produce documentation for those cars becasue of some type of violation (no stolen cars) related to improper lein sale activity. I have an appointment with them monday 10-23-11. I dont know what to do. Do I need an attorney. If so, what type? thank you

Asked on 10/21/11, 3:45 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Title problems could lead to criminal charges for you. They may suspect you are dealing in stolen cars, or that you violated the lien law requirements to fraudulently obtain title.

When threatened, arrested or charged with any crime, �What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. Exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Answered on 10/21/11, 3:52 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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While I basically agree with Mr. Nelson, I also think if you have been carefully following DMV title regulations and have records to support your acquisition of the vehicles, you'd have little or nothing to lose and a lot to gain by cooperating with the inspectors to the extent of letting them see and make copies of any records they want.

Answered on 10/21/11, 4:32 pm

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