Vehicle Seizure Process
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Vehicle seizure cases involve the taking of a person’s vehicle by a Government Agency based on an alleged criminal violation. By seizing vehicle, the Government starts the vehicle seizure process and the Government’s goal is to keep the vehicle for sale at auction. Crimes that form the basis for a vehicle seizure include such crimes as alien smuggling, drug transportation, customs violations, and other alleged crimes. The vehicle seizure process is “quasi criminal.” In other words, although it is a civil case, the seizure of a vehicle is based on an alleged violation of the criminal law. This unusual nature of vehicle seizure cases makes the process complicated since it involves civil, criminal and administrative rules and regulations. The Firm has gained vast experience in dealing with these rules and regulations in vehicle seizure cases and can effectively help you get your vehicle returned.
Since 1996, the Firm has helped more than 1500 people recover their cars, trucks, SUVs, motorcycles, motorhomes and even a limosine from Customs. Customs takes vehicles that come across the border that contain undocumented aliens. In many situations, the registered owner was completely unaware that their vehicle contained an undocumented alien or justification exists to mitigate the forfeiture of the vehicle.
Another type of common vehicle seizure case involves drugs. In these cases, the vehicle is seized because it is being used to transport a controlled substance. Often times, the driver is arrested and charged with a crime and the vehicle is seized. The Firm can provide both criminal defense and fight the vehicle seizure.
Notice
The Notice of Vehicle Seizure starts the official forfeiture process. The Notice of Vehicle Seizure is usually sent to the registered owner of the vehicle via certified mail. The Notice of Vehicle Seizure contains important legal information such as various rights of the owner to claim the vehicle and deadlines. It is important that you take immediate action once you receive the Notice of Vehicle Seizure.
Deadlines
The owner of seized property typically has only 30 days to make a proper legal response after receipt of the Notice of Vehicle Seizure. The government will not extend this deadline. If the deadline passes and the proper legal steps are not taken, the vehicle will be lost. Many people lose their vehicle simply because they fail to take the appropriate legal action before the deadline.
Options
In most vehicle seizure cases there are several legal options available to fight for the return of the vehicle. Based on the Firm’s extensive experience, we use the best options to maximize the results in our cases.
Settlement
The Firm’s knowledge of the law, experience in handling more than 1500 vehicle seizure cases, and experience with the Government Agents and Attorneys who prosecute vehicle seizure cases result in excellent results for our clients. In fact, in more than 95% of our cases, the Government returns the vehicle to our client.
Trial
In the event a vehicle seizure case does not settle, The Firm is ready and able to defend your rights at trial.
Law Offices of James J. Warner
3233 Third Avenue
San Diego, CA 92103
Phone: (619) 243-7333
Fax: (619) 243-7343
