Poughkeepsie Lawyers Protecting You From Seizure Of Vehicles Cases
Protecting Your Property From Unjust Seizure
In some criminal offenses, a vehicle can be viewed as the “instrument of a crime.” For example, if the car was alleged to be part of drug trafficking and distribution, was found to have burglary proceeds in it or if the driver was arrested for a felony DWI, it could be viewed as evidence of the crime.
A vehicle may be seized by New York law enforcement when it is considered evidence of a crime. Serino, MacKay & Berube PLLC represents individuals who are facing this kind of drastic consequence. We welcome you to schedule a free initial consultation with our Poughkeepsie attorneys whether you think your car may be taken, or your car has already been seized. Reach us online or by telephone at 845-462-0001.
My Car Has Been Seized. How Can I Get It Back?
Vehicle seizure involves criminal law, civil law and administrative rules and regulations. The main goal of vehicle seizure is for a government agency to sell the car at auction. This is typically initiated by criminal law violations such as smuggling of illegal aliens, drug trafficking, customs violations and any other criminal charge in which a vehicle is considered an instrument of a crime.
The seizure procedure typically follows the following course:
- Initial notice of vehicle seizure: This information is sent to the owner of the vehicle and contains details about the reason the vehicle is being seized, the owner’s rights and the deadlines that must be met to take action against seizure.
- Waiting period until deadlines: The owner of the vehicle must take legal action within a certain period of time in order to attempt to prevent vehicle seizure. Deadlines are not typically extended, and vehicles may sometimes be seized because of missed deadlines.
- Assessment and action in various legal remedies: Negotiations, plea agreements or a thorough assessment of the value of the vehicle may contribute to recovering your vehicle and eliminating or reducing the criminal charges against you.
- Settlements or trial: Cases may be handled in administrative hearings with government agencies, or aggressively dealt with in criminal proceedings in a courtroom.
If you are the owner of the car and are being accused of a crime, or if your car was part of a criminal case, but you, personally, were not, our lawyers can help. We aim to reduce the consequences in the criminal justice system to you make sure that your rights are protected at all times. Our firm also represents students at Vassar College, Marist College, and The Culinary Institute of America who are dealing with a vehicle seizure.