Legal Question in Criminal Law in New York

car seized in drug raid

A car was seized during a raid, but the title is under a friends name, not under the person who was arrested. There were no drugs found in the car. The car was outside in the driveway. The title was found in the residence that was raided. The car was there, because he was selling it, and did not have a driveway of his own to park the car.

Can the person whom the title is issued to go claim the car without any problems?

thank you


Asked on 4/24/04, 6:27 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: car seized in drug raid

This was very unlucky, but the car has not been lost. You are likely to get the car back, but it will require some work.

You must show that the car was not owned by any person at the residence at the time of the seizure, that it was not owned by anyone with a connection to the residence, and that it was not used by anyone with a connection to the crime or the residence.

While not easy, that can be done.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/25/04, 10:35 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: car seized in drug raid

The person can go TRY and claim the car, but chances are the police have seized it and intend to forfeit it pursuant to either state or federal asset forfeiture laws. You can do something about it, but it is difficult even with an attorney. I have experience in this area. You are welcome to call for a free phone consultation.

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Answered on 4/24/04, 10:21 pm


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