Legal Question in Criminal Law in Massachusetts

Return of Seized Propertyq

My son's car was taken last October 2006 against a search warrant..however, charges were never filed,he was never arrested..and finally, a judge recently ordered that the property be returned to my son. However, the tow company that took the property for the police is trying to charge $6500 for storage...Who is responsible for that cost? Certainly not us..there was no reason to take the car in the first place..it had nothing to do with what they were looking for, nor with my son. How do we go about getting the vehicle, especially since a judge already ordered the release..


Asked on 9/09/07, 4:47 pm

1 Answer from Attorneys

Re: Return of Seized Property

Give the tow Company a copy of the court order. If they will not OBEY the court, go back to the judge and tell him that they will not recognize his authority. The Commonwealth or town that took the car is responsible for returning it and can be held in contempt or jailed for refusing to return it to you.

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Answered on 9/09/07, 5:06 pm


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