Why the car was taken
Police take vehicles for different reasons, and the reason decides the path to getting it back. A car can be held as evidence, impounded under traffic or registration rules, or seized for forfeiture, meaning the government is seeking to keep it permanently. In New York City, vehicles are sometimes held for forfeiture after impaired-driving and other arrests, and the owner may be entitled to a prompt hearing on whether the city can keep the car while the case proceeds. Federal agencies run their own forfeiture process with its own notice and claim requirements. The property receipt or voucher you were given usually indicates which situation applies.
When the owner was not the driver
Vehicles are often seized when someone other than the owner was driving, such as a family member, a friend, or an employee. Owners who did not know about or consent to the conduct may have an innocent-owner argument, but it usually has to be raised through the proper process and within set deadlines. Lenders and leasing companies also have interests in financed vehicles and may need to be notified. Do not assume the vehicle will be released when the criminal case ends; a forfeiture case can continue separately. Statements made in a forfeiture proceeding can also matter in the criminal case, so coordinate them.
What to do right away
Keep the voucher, the arrest paperwork, the title, the registration, insurance records, and loan or lease documents. Write down where the car was taken and when, and share it with your lawyer. Respond to any notice promptly, because hearing requests and claims often have short windows. When you contact us, we identify which agency holds the car, what kind of seizure it is, and which deadlines are already running. Then we discuss whether to seek release, contest the seizure, or address it as part of resolving the criminal case.
