How Long Can the Police Keep a Car in Custody Without Challenging It for a Suspected Crime

The question of how long a police department can hold onto a vehicle without pressing charges is a common yet complicated issue. This article aims to provide a comprehensive understanding of car impoundment, the legal implications, and the rights of the car owner.

Understanding Car Impoundment

A car is an inanimate object and cannot be charged with a crime. However, vehicles can be impounded or held in custody if they are involved or contain evidence of a crime. The length of time a car can be held varies based on the circumstances and the legal jurisdiction.

Civil Forfeiture and Legal Rights

If a car is impounded as evidence in a criminal case, the owner has certain legal rights. These cases are referred to as civil forfeiture, where the state must prove that the car was improperly seized by a preponderance of evidence (more likely than not).

After the evidence has been cataloged and documented, the police can hold the car indefinitely. In some cases, the state may even sell the car, particularly if there is no longer a legal reason to retain it.

Impoundment and Civil Forfeiture Procedures

1. Criminal Cases: If the car is part of a crime, it can be held until the criminal matter is resolved. The length of time can vary, but it is generally tied to the length of the legal proceedings, which can range from a few months to several years.

2. Civil Forfeiture: In civil forfeiture, the law enforcement agency must prove that the car was involved in a criminal activity. After a hearing, if the property is found to be properly seized, the police can retain and sell the car if necessary.

3. Towing and Impound Fees: If the car is held for any reason, the owner is responsible for any towing and impound fees. These costs can be substantial and must be paid to retrieve the vehicle.

Common Scenarios

Drunk Driving: In cases where a driver is arrested for driving under the influence, the car can often be released to a family member or friend. Police may make special arrangements if the individual is polite and cooperative.

Traffic Violations: For minor traffic violations, the car may be impounded temporarily but released once the owner pays fines or violates community service orders.

Criminal Evidence: If a car is involved in a serious crime, such as murder, the police can hold it indefinitely until the trial is over and the court has ruled on the case. This can take months or even years, depending on the complexity of the case.

Final Considerations

Legal Advice: It is essential to seek professional legal advice regarding car impoundment. Ignoring this warning and conveying confidential information in a private message or comment can result in the loss of confidentiality and representation adverse to your interests.

Time Constraints: If you believe you have a claim against someone for the impoundment or towing fees, it is imperative to consult with a licensed attorney immediately. Failing to do so may result in the expiration of the time allotted to bring your claim.

Conclusion

The length of time a police department can hold a car varies and depends on the circumstances, legal jurisdiction, and the nature of the crime. If a car is impounded, it is crucial to understand the legal rights and processes involved to protect your interests and potentially recover your vehicle.