Question

Can I be prosecuted if my car was used to transport narcotics?

I let a friend borrow my vehicle and he was caught with narcotics crossing the border. Can I be charged with anything even though I did not know that he was using it for that? Also, I am still paying my vehicle off, will it be returned to me?
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Answered By: Law Office of Peter F. Goldscheider
If the cops think you were involved knowingly not only can your car be confiscated but you can be charged. I would retain an experienced criminal law specialist to make contact with the police on your behalf.

Answer Applies to: California
Replied: 9/8/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
It's your word against theirs. How are they to believe that you really did not know what the car was being used for? When it comes to this kind of a thing, don't expect a prosecutor to give you the benefit of the doubt. You need a lawyer's assistance in handling the case before you incriminate yourself further. As for the vehicle, it can only be returned after the conclusion of the criminal case(s), and even then you'll need a lawyer to file a motion for the return.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg
Any vehicle found with drugs in it can be confiscated by the authorities. You will not be charged unless they have more evidence than it is your car. You can ask for your car back, paying the impound fees. If that does not work you can petition the court to have it returned.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.
You can be charged. Convicted may be another story. Have to prove you knew car was being used to transport drugs. HIRE an attorney.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of David Baum
You could be charged if the DA thought you had knowledge of the illegal activity, and aided or assisted in some way by providing your car. Your car may be saized and forfeited for being used in connection with the crime. You should hire a lawyer to defend your rights and try to get your car back.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dennis Roberts, a P.C.
They can't charge you with anything but getting your vehicle back will be a nightmare. Contact the agency who seized it (you must have some paper work about the seizure and ask if they willreturn the vehicle since you owe a lot of money on it. If its worth and what you owe are pretty close they might give it back but if it is worth $15,000 and you owe $5,000 it is doubtful.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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