Legal Question in Criminal Law in Texas

I bought my husband a Harley Davidson motorcycle for Fathers Day this year (2011).The bike is totally in my name, I have never signed the title over to my husband, because we never saw the need. About 5 weeks ago, he let a friend take it to his house to store it while my husband was away at work (truck driver). We did not want the bike sitting out in the elements during the winter, and our friend has a garage he was going to store it in. For the first few weeks everything seemed fine then our friend said his girlfriend and the man she was cheating on him with, stole the bike. He said he knew where the bike was and he was going to get it. For the last 3 weeks we have not been able to get ahold of our friend. He has practically vanished. No one that we know mutually has seen or heard from him in almost a month. The latest rumor is that the bike was at the residence of a drug dealer when the feds did a raid on Christmas Day. They supposedly seized everything on the property. I did not report the bike stolen as I believed our friend when he said he would get the bike back. I am the titled/registered and insured owner of the bike. I have no criminal background (not even a speeding ticket). If the feds did seize my bike simply because it was on the property, can I get it back? Will the notify me if they infact have it?


Asked on 12/31/11, 5:39 am

1 Answer from Attorneys
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

You may well have the "innocent owner" defense to any asset seizure initiated as a result of a drug prosecution.. They should serve you with papers if the bike is titled in your name, but I would not count on them doing that. Good luck. Google "innicent owner defense" and "forfeiture." Get a lawyer.

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Answered on 12/31/11, 6:09 am


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