Getting your car back after the police seize it is very different depending on why the police seized it in the first place. 401. In cases of severe traffic crimes that lead to arrest, police often must tow the car or drive it to the station for safekeeping. Even further, however, the State can usually seize any property that involved in the commission of a crime under “civil forfeiture” rules. If a detective or other police officer told you there's an investigative hold on your car, he's almost certainly lying to you. HAMPTON — While being held as evidence, the car driven by a Portsmouth teenager that struck two Hampton pedestrians has sustained “significant damage” in an … Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. – (Law Div. My fiancee car is being held for evidence in the state of Georgia, is there anyway his car can be released? Car Impounded and Held as Evidence My question involves police conduct in the State of: new jersey. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. If I/we fail to pay thesecosts, the landlord may sell or dispose of the property pursuant to and withinthe time frame permitted under RCW 59.18.312(3). This will often involve an inventory search of the car when it arrives at the station, and could result in more charges if police discover drugs or illegal items in the car. Other times, they can be holding the car for the prosecutor as evidence on a case. Law Division Holds that Evidence of Car Being "Totaled" as a Result of an Accident is Irrelevant. "You have an excellent service and I will be sure to pass the word.". Prior to the sale or disposal of property stored pursuant to this section with a cumulative value of onetwo hundred fifty dollars or less, the landlord shall notify the tenant of the pending sale or disposal. This notice may be delivered or mailed to the landlord or the landlord'srepresentative at the following address: This notice may also be served by facsimile to the landlord or the landlord'srepresentative at: IF YOU WANT YOUR LANDLORD TO STORE YOUR PROPERTY, THIS WRITTEN REQUEST MUST BERECEIVED BY THE LANDLORD NO LATER THAN THREE (3) DAYS AFTER THE SHERIFF SERVESTHE WRIT OF RESTITUTION. The incident was reported to have happened at a facility in Monaghan in June, where a number of cars being held for Gardai were burned following an electrical fault. Police often seize and tow cars that are suspected of being used in a crime. However, when a car is seized for these purposes, it is usually returned as soon as possible. Police often want to keep things like vehicles as evidence of a crime. For purposes of this subsection, "criminal episode" means a series of thefts committed by the same person from one or more mercantile establishments on three or more occasions within a five-day period. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. Many states allow police to impound a car if it is involved in a case of reckless driving, vehicular manslaughter, or if the car has been used to assault someone. – (Law Div. The following definitions are applicable in this chapter unless the context otherwise requires: (1) "Access device" means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument; (2) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property; (3) "Beverage crate" means a plastic or metal box-like container used by a manufacturer or distributor in the transportation or distribution of individually packaged beverages to retail outlets, and affixed with language stating "property of _______," "owned by _________," or other markings or words identifying ownership; (4) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services; (5) "Deception" occurs when an actor knowingly: (a) Creates or confirms another's false impression which the actor knows to be false; or, (b) Fails to correct another's impression which the actor previously has created or confirmed; or, (c) Prevents another from acquiring information material to the disposition of the property involved; or, (d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or. Good luck. This field is for validation purposes and should be left unchanged. Convenient, Affordable Legal Help - Because We Care! Even if the judge won't intervene, at least the police will know a judge is aware of the situation. I do appreciate your advice jk and I get what your saying but the real question that I have is what is the law or statute in the state of New Jersey that states that if I exercise my 5th amendment right that they can hold my vehicle in impound. The police and the courts may not be willing to give you your car back until your case goes to trial. If the tenant or the tenant's representative objects to the storage of the property or the landlord elects not to store the property because the tenant has not served a written request on the landlord to do so, the property shall be deposited upon the nearest public property and may not be stored by the landlord.

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