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California Petition for Forfeiture of Vehicle and Notice of Hearing

Huntington Beach California Petition for Forfeiture of Vehicle and Notice of Hearing

Name: Huntington Beach California Petition for Forfeiture of Vehicle and Notice of Hearing
Brand: US Legal Forms
Rating: 4.6 (328 reviews)

Category:

California Civil Procedure - Forfeitures

State:

California

City:

Huntington Beach

Control #:

CA-MC-202

Format:

Instant download

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Description

This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

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FAQ

Vehicle forfeiture means that the car is taken from the offender and sold. If the vehicle is co-owned, the state evenly splits the proceeds from the sale with the co-owner after paying the costs of forfeiture.

The process requires you to file a petition in the district court with jurisdiction over the location from which your car was towed. You must file your petition within 20 days from the date on the notice that your vehicle was towed as abandoned. And you will be responsible for applicable court filing fees.

(1) A court shall order a vehicle immobilized under section 904d by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle.

A seized engine means the electronics in your vehicle may still work (i.e. the radio, A/C, etc.) but the engine itself will not turn over. Instead, you may hear a knocking or clunking sound.

Seized and forfeited items can include cash, buildings, land, motor vehicles, and airplanes (Stahl, 1992). Forfeiture laws can pertain to assets that facilitate criminal conduct (e.g., cars used in smuggling, houses used to store contraband) and/or those that are the proceeds of crime.

Minnesota's forfeiture statute allows for an ?innocent owner? defense. Under the innocent owner defense, the owner of the vehicle must prove that she did not know the vehicle would be used in any unlawful manner. If this innocent owner can prove this by a preponderance of the evidence, then the vehicle is returned.

The Civil Forfeiture Act became law in 2006. It targets the proceeds and instruments of unlawful activity. It was created to ensure that people cannot profit from unlawful activity or use property in a way that may harm other persons. Civil forfeiture is designed to target property, not people.

The vehicle forfeiture law is convoluted, but in essence it means that, if you are convicted of a second-degree DWI, or worse, then the State may lawfully forfeit your vehicle. That means, the defendant loses his/her vehicle as an additional consequence above and beyond the criminal sanctions.

Whatever the circumstances of its seizure, the police will take it to an on-site impound, which is generally at the nearest local police station.

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Huntington Beach California Petition for Forfeiture of Vehicle and Notice of Hearing

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