Towing Issues: Waive tow and storage fees, tow yard, storage fees

Question
QUESTION: I recently had a judge release my car after being towed due to no fault of my own. He said he will waive the fees, which total more than $1500, if my lawyer can find something that says he can do so.  The judge said that he has no knowledge of it being done before.  Can a Cleveland, Ohio judge waive the fees???

ANSWER: Why was the vehicle towed? How did they determine it was not your fault? If the judge released your vehicle who paid the $1500?

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QUESTION: The vehicle was towed due to someone else using it while selling drugs that I had no knowledge of.  No one has paid the $1500.  It is for tow and storage fees.  The car in still at the tow yard.  I am trying to get the fees waived by the judge if possible which he said he will do if it is in his power because I had no knowledge.  Does he have the power?

ANSWER: If the vehicle was used during the commission of a criminal offense then you are fortunate that they did not file to seize the vehicle. The judge has the authority, but will have to assess the charges to the individual that was arrested for the drugs. You will probably have to file through victims compensation, but it would be wise to go ahead and get the vehicle out if you can.

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QUESTION: Actually they did file to seize the vehicle.   My lawyer filed an innocent third party plea.  I went to court and testified this week and won.  The judge gave the car back because the drug dealer had no interest in my car and could not legally forfiet a vehicle that is not his.  And because I had no knowledge of the drug sales and stated that he is willing to waive the fees but he doesn't know if he can since the drug dealer's case is already over.   So we are trying to find out if a judge in cleveland can waive fees after the individual has been sentenced.    The courts took several months to respond to my plea, so the individual arrested for the drugs received his sentence before I had my day in court.  I called victims of crime but the only cover medical expenses.  Is victim's compensation different from victim's of crime????  I am getting the car out soon, just trying to find a way to do it for free.  I will definitely sue the individual if all else fails!  thank you

Answer
You may wind up having to file a civil suit. You should have no problem winning, collecting may be a different story. Check with the DA's office there and see, but most states allow for a victim being reimbursed for damages, not just medical. The judge may not be able to assess the fees if the guy has already been tried, but I would think there should be an avenue for that. Alabama does provide for that but some states do not.