How do I get my vehicle back if it was impounded?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption