Sunday, October 12, 2014

I let a boyfriend of mine at the time use my car and the tag was taken down as a vehicle in an armed robbery. The police department called m...

Question

I let a boyfriend of mine at the time use my car and the tag was taken down as a vehicle in an armed robbery. The police department called me and I gave all of his information to the detective ( the dectective also told me not to tell him what was going on). A week ago, I was at work and the police district of city I work in came to my job saying that my vehicle was stolen then they later changed and said my car was involved in an armed robbery. I told them I knew about it and they asked for my then boyfriend and I couldn't give them information about where he was because I honestly did not know. They took my car and impounded it as evidence. Now I called the detective and he told me that I had to turn him in to get my vehicle out or they are keeping my car. I did not know where he was and I was not even with him because we have broken up by then. Is this legal can they hold my car because they cannot find his whereabouts?



Answer

Seizure of Personal Property in Georgia

There are several general scenarios where the police will seize personal property. (1) Property obtained subject to a search warrant; (2) Property obtained pursuant to a court order; (3) Property obtained with consent of the owner; (4) Property obtained incident to arrest; (5) Property obtained subject to asset forfeiture laws.

If your car was allegedly used during the commission of a crime the police will often impound the vehicle, if/when they locate it, and run tests, search for additional evidence, and will likely use the information/evidence obtained in a later prosecution. Based upon your facts, I think it is unlikely that your car will be auctioned off but I would recommend that you speak with a local lawyer to further discuss this matter.

For additional information on criminal law related issues, visit my website at:

https://www.rousecolaw.com

Best of luck,



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