How do I get my vehicle back if it was impounded?
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How do I get my vehicle back if it was impounded?
My friend borrowed my truck to move, was pulled over and arrested for DWI and drugs. My truck was impounded and now held for seizure by DPS. What are my legal rights to my property?
Asked on February 14, 2017 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your vehicle is being held for seizure as an asset forfeiture action because it was allegedly used in the commissionn of an offense. You cannot simply go get it out of impound. You need to contact the DA's office where it was seized and let them know it is your vehicle and that you are what is called an 'innocent owner.' This is a defense where you show that you did not have reason to believe that it would be used in the commission of a felony. The still may or may not recognize your defense. If they do, they will return the vehicle to you. If they do not and the DA's office proceeds with forfeiture, then you will have to hire an attorney to fight the forfeiture lawsuit they eventually file.
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