While no responsible car owner ever intends for their vehicle to be used in a crime, it’s an unfortunate reality that sometimes occurs. Perhaps your car was stolen and then used to commit a crime. Or maybe an acquaintance borrowed your vehicle and then made terrible choices while operating it.
Regardless of the circumstances, having your automobile associated with criminal activity can have serious legal ramifications that should not be taken lightly.
When it comes to legal risks associated with loaning your car to someone, the consequences can be severe. It is important to understand that simply lending your car can lead to serious legal implications that might require you to seek help from a Los Angeles criminal defense lawyer to prove your innocence in court.
There Are Risks to You When Your Car Is Used in the Commission of Crime
Even if you had no knowledge of their intentions or involvement in the crime, prosecutors may still attempt to connect you to the incident due to being the owner of the vehicle used in the offense.
In cases of vehicular manslaughter, drive-by shootings, drunk driving accidents, or hit-and-runs , you could be viewed as a suspect by law enforcement. This can result in being implicated as an accomplice even if you were completely unaware of any wrongdoing on the part of the borrower or if you were unaware your car had been stolen.
To protect yourself from potential legal entanglements in these situations, it is crucial to carefully consider who you allow to use your car and have clear agreements and communication about its use. An experienced criminal defense lawyer can provide guidance and represent you if accused.
For a free legal consultation, call (310) 896-2723
Proactive Steps if Your Vehicle Was Involved in a Crime
While dealing with the fallout of your car’s illegal use is stressful, being proactive can help mitigate potential consequences:
- Report your vehicle as stolen immediately if it was taken without your consent
- Fully cooperate with law enforcement investigations to demonstrate non-involvement
- Secure legal representation from a qualified criminal defense lawyer
- Do not make any statements that could be self-incriminating without an attorney present
- Be prepared to potentially fight civil asset forfeiture proceedings to recover your vehicle
Having your personal property tied to criminal activity is an unsettling experience, but trying to navigate the complex legal issues alone puts you at a major disadvantage. The right legal team can ensure your rights are protected and provide the best defense strategy for your specific situation.
Your Vehicle May Be Subject to Asset Forfeiture
Under California’s asset forfeiture laws, vehicles used in the commission of certain crimes can potentially be seized by law enforcement through civil asset forfeiture proceedings. This allows the state to take ownership of your automobile regardless of whether you are convicted of a crime related to its use.
Asset forfeiture laws in California are a powerful tool used by law enforcement to take property from individuals who are suspected of engaging in criminal activity. In many cases, the government does not need to obtain a criminal conviction in order to seize assets through forfeiture.
This can lead to innocent owners having their property taken away without due process.
It is important for individuals facing asset forfeiture proceedings to seek legal counsel immediately. If you or someone you know is dealing with an asset forfeiture case in California, do not hesitate to reach out to our firm for assistance.
What If My Car Was Impounded During A DUI?
There are situations where the impound facility may temporarily prevent the release of your vehicle after a DUI arrest by issuing a “hold” order. A vehicle hold could be implemented for reasons directly connected to the DUI incident itself.
For instance, if your driver’s license was suspended as a result of the DUI charges, they may hold your car until your driving privileges are reinstated after the DUI. Regardless of the specific circumstances behind a vehicle hold, you will be unable to reclaim your car from impound until the restricting order is officially lifted.
This requires either the law enforcement agency or court system to clear the hold after the precipitating issue has been rectified to their satisfaction. Attempting to retrieve the vehicle while an active hold remains in place will be unsuccessful.
Vehicle Forfeiture May Be Ordered in Certain DUI Crimes
In certain DUI cases, California courts may order the permanent forfeiture of the defendant’s vehicle to the state rather than just a temporary impoundment. When a judge mandates forfeiture of your car after a DUI conviction, you will be legally barred from ever regaining possession or ownership – the vehicle is permanently surrendered.
Thankfully, vehicle forfeiture consequences are relatively uncommon for DUI offenses in the state court system. However, courts do reserve this harsh penalty for some of the most egregious DUI incidents. Situations that could potentially result in you having to relinquish your vehicle include convictions involving:
- Driving under the influence of drugs
- A DUI crash that caused fatal injuries to another person
- Racking up three or more DUI convictions within a seven-year window
Once the court orders the official forfeiture of your car stemming from a DUI case, there is no recourse available for you to reclaim the vehicle moving forward. The state acquires full rights of ownership at that point. Avoiding forfeiture by building a strong legal defense with help from a Los Angeles DUI lawyer is critical if you want to preserve possession of your automobile.
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Contact a Criminal Defense Law Firm to Learn How We Can Help
Having your personal vehicle tied to criminal charges can quickly spiral into a complicated legal problem. Do not try to handle this issue alone. Protect your rights and your property by consulting a skilled Los Angeles criminal defense lawyer immediately.
At the Simmrin Law Group, our attorneys have extensive experience defending against asset forfeiture cases and criminal charges related to vehicle crimes. Contact us today for a free, confidential case evaluation to start building a defense strategy.
Call or text (310) 896-2723 or complete a Free Case Evaluation form