Your car may be held up to 30 days, but this may depend on where you live and the nature of the investigation (source).
If the police have taken your car into custody as part of an investigation, you may be wondering how long they can hold it. As a car owner, it is important to know your rights and understand the laws that apply to police vehicle seizures.
In this article, we will explain how long the police can hold a vehicle under investigation, what happens during the investigation, and what you can do to protect your rights.
How Long Can Police Hold a Vehicle Under Investigation?
The length of time that the police can hold your car under investigation can vary depending on the specific circumstances of the case. Generally, the police have the right to keep the car for as long as necessary to conduct their investigation.
In some cases, the police may only need to hold the vehicle for a few hours or days to complete their investigation. In other cases, the investigation may take weeks or even months to complete, and the car may be held for the duration of the investigation.
If the police are holding your car under investigation, they should provide you with a written notice of the seizure and the reasons for the seizure. This notice should also include information on how to request a hearing to challenge the seizure.
What Happens During the Investigation?
During the investigation, the police may conduct a thorough search of the car for evidence related to the investigation. This may include searching the trunk, glove compartment, and any other storage areas in the car.
If the police find any evidence during the search, they may use it to build their case against you or someone else involved in the investigation.
Your Options
If your vehicle has been seized by the police for investigation, it can be a stressful and frustrating experience. Fortunately, there are steps you can take to try to get your vehicle back as soon as possible.
Contact the Seizing Agency
The first step in trying to get your vehicle back is to contact the agency that seized it. The agency should have provided you with a written notice of the seizure, which should include contact information for the agency.
You can contact the agency to find out the reason for the seizure, the status of the investigation, and how to get your vehicle back. The agency may provide you with information on the requirements for releasing the vehicle and the documents you need to provide.
File a Motion for Return of Property
If you believe that your vehicle was unlawfully seized or that the police no longer need to hold it for the investigation, you may be able to file a motion for the return of the property. This is a legal process in which you ask the court to order the agency to release your vehicle.
To file a motion for return of property, you will need to fill out the necessary forms and file them with the court. You will also need to provide evidence that the seizure was unlawful or that the vehicle is no longer needed for the investigation.
Work with an Attorney
If your vehicle has been seized for investigation, it is highly recommended that you work with an experienced attorney who can help you navigate the legal process. An attorney can review the circumstances of the seizure, provide guidance on your legal options, and represent you in court if necessary.
An attorney can also help you gather the necessary documentation and evidence to support your case, and negotiate with the agency to try to get your vehicle back as soon as possible.
Be Prepared to Pay Fees
If you are able to get your vehicle back, be prepared to pay fees associated with the seizure and storage of the vehicle. These fees can add up quickly and can be quite substantial, depending on the length of the seizure and the type of vehicle.
Here are the fees you may have to pay.
- Towing fees: If your car is impounded as part of the investigation, you will likely have to pay for the cost of towing. Towing fees can vary depending on the distance your car needs to be transported and the time of day.
- Storage fees: If your car is impounded as part of the investigation, you may also be required to pay for storage fees. These fees can accrue on a daily basis and can add up quickly, so it’s important to get your car out of impound as soon as possible.
- Inspection fees: If your car needs to be inspected as part of the investigation, you may have to pay for the cost of the inspection. This can include fees for any necessary equipment or labor required to conduct the inspection.
- Legal fees: If you need to hire a lawyer to represent you during the investigation, you will have to pay for their services. Legal fees can vary depending on the complexity of the case and the amount of time the lawyer spends on your case.
- Fine or penalty fees: If you are found to be in violation of any laws or regulations as part of the investigation, you may be required to pay fines or penalties. These fees can vary depending on the severity of the violation and the laws in your jurisdiction.
What Can You Do to Protect Your Rights?
If the police have seized your car, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand your rights, review the circumstances of the seizure, and determine if there are any legal grounds to challenge the seizure.
In some cases, it may be possible to challenge the seizure on the grounds that it was illegal or violated your constitutional rights. For example, if the police seized your car without a warrant or without probable cause, you may be able to challenge the seizure in court.
If you are unable to get your car released from police custody, you may be able to get a rental car or use public transportation while the investigation is ongoing.
Conclusion
In conclusion, the length of time that the police can hold a vehicle under investigation can vary depending on the specifics of the case. If the police have seized your car, it is important to understand your rights and to contact an experienced criminal defense attorney for assistance. With the right legal representation, you may be able to challenge the seizure and protect your rights as a car owner.
Sources:
- “Vehicle Seizures for Investigation Purposes.” https://www.justice.gov/
- “What to Do If Your Car Is Seized by the Police.” https://www.nolo.com
- “How to Get Your Seized Property Back.” https://www.findlaw.com/
- “Seizure of Property.” https://www.aclu.org/
- “What Happens When Police Seize Your Car.” https://www.consumerreports.org/
