Legal Question in Criminal Law in New York

NewYork State Penal Laws on seizing a vehicles

I was recently charged with an A-1 felony possession due to a raid at my home. What led to the raid was information from an informant. My vehicle was not even in use at the time of the raid and the informant picked me up in his vehicle. I was later charged with an A-2 felony. No drugs were ever found in my vehicle yet it was seized. Drugs were only found in the house. I want to know about the law surrounding the seizure of my vehicle.


Asked on 4/28/00, 3:50 pm

2 Answers from Attorneys
Philip Katz Fink & Katz, PLLC

Re: NewYork State Penal Laws on seizing a vehicles

Your question is far too complex to answer from your brief online outline of events. First, if you do not have a good criminal lawyer, you should find one fast. Second, as for the civil forfeiture (i.e. Seizure) issue, you need to discuss it with an attorney who can ask specific questions about the underlying criminal case. Our office can help with both the criminal case and/or the forfeiture case. Call to make an appointment if you wish (212)385-1373 or (516)484-8159 and ask for Jon Fink or Hermann Walz.

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Answered on 6/13/00, 10:00 am
Daniel Conti The Law Offices of Daniel A. Conti,P.C.

Re: NewYork State Penal Laws on seizing a vehicles

In theory, civil forfeiture laws may allow seizure of property(i.e., your car) if the prosecution can prove that it was "the fruit or instrumentality of a crime." Therefore, they can be relying on the theory that you either purchased the vehicle with money earned from narcotics trafficking, or the theory that the car was used in the commission of a crime(I don't see how they could prove this based upon what you've told me.) This is a complex area of law, and I would need to know much more about your case to give you a legal opinion. Good luck.

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Answered on 6/13/00, 11:27 am


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