How long canan investigator hold my vehicle and personal items without releasing them?

I was arrested for a FTA from another county (possession of controlled substance – over 1 and under 4 g), and possession of prohibited weapon.  The DA will not explain why they are holding my vehicle.

Asked on March 23, 2011 under Criminal Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The District Attorney is holding your vehicle to either keep materials therein intact to avoid a problem with the chain of evidence and wreck his case. So, if there are personal items not related to your case that are legal for you to own and do not impeach your character, you have a good chance of getting those back if you ask your attorney to help negotiate that with the prosecutor. As to your vehicle, since you were arrested and it appears your vehicle was part of the arrest because either you were stopped and the police found the warrant you had, and towed and confiscated your vehicle to search later on or your vehicle was part of a search warrant the police had on you.

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