QuestionQUESTION: NY- My car was taken to Police compound after unlawful arrest. I'm trying to get a car back and Police is not giving out as I can not present Title certification. The car was just recently purchased and there is no way that I would have a title from Albany as it takes up to 90 days to process. I have a registration on my name ( which is not good enough) and I presented thousands of papers that I'm an owner but I can not still have my car back. Police states that title is issued and it takes few more days to get while DMV clearly stated that title was not issued. I'm afraid that at the end Police simply sells a car on an auction. How many days can car be in the compound before putting a car on the auction? what's a process and is there anyway to expedite title certification processing?
Thank you
ANSWER: Were you the person arrested and if you don't mind my asking, Why? This may have a bearing on the release of the vehicle. Most states accept registration, especially if the vehicle was just purchased. Most states have requirements that the vehicle has to be held for 30 days. Do you own the car out right or is it financed. If it is financed you could call the finance company and explain the situation to them. They can pick the car up and allow you to redeem it. You definitely do not want it staying in storage because the fees accrue daily. Write back with more info and I will get back with you.
---------- FOLLOW-UP ----------
QUESTION: My son was arrested while driving. He was not drunk. He's not using drugs and he did not brake any driving rules. He was pulled over to not have plates. The car only was purchased about 40 days ago and is registered on my name. It's financed. We had a temporary registration from Illinois. However the permanent registration was delayed and was only delivered to us by the dealership right 2 days after temp registration was expired. My son was arrested when temp registration was expired only for 10 minutes and he was driving to home. Police thought that the registration issued by Illinois DMV was fake and they arrested my son under forge document charges. Of course when the arrest occurred my son did not obey police as he knew that it was not correct - even my lawyer told me that they did not have to arrest him and to put not applicable charges against him. Police took a car to the police station. I went on the same day to get a car back and they refused to give it to me stating that it will serve as an evidence for a crime and DA should release it after court. They did not give me any voucher or paperwork about the car. However on next day I called them to get a voucher number and they told me that the car is still parked in their station and I can pick up next day as the guy who seized a car was off. On next day I went to get a car back, but it was already taken to pound. I contacted my bank, they faxed all the document verifying that the car was purchased by me to the pound. Pound supervisor told me that if he will get papers from bank he would release a car. However after receiving papers he refused the car to be released stating that the original title must be provided. He also stated that he checked with Albany and the title was issued - it's another lie from Police as the title is not issued and no one knows when it will be ready. On top of everything - I do not know if it was done intentionally or not - VIN number in the pounds system was recorder incorrectly and they only locate a car by voucher number. For now I'm in state that I do not care about money they will charge me for storage - police said it's only $5 per day but I can not really believe them after whole ordeal where on every step where it was possible they said lies - I only worry that they simply can sell a car on the auction. If you would have some one who can help me out from this mess or if you can give me some advise what can be done I would really appreciate.
ANSWER: If your son does not have an attorney then I suggest he get one. When he goes to prelim they can appoint him an attorney, but you may not want to wait that long. The Police can hold the vehicle if they are holding it as evidence, but I don't believe they can charge storage if they are holding it. They can only charge the initial towing and storage. It seems like they have issues with this case. Let me know how it is going.
---------- FOLLOW-UP ----------
QUESTION: My son has an attorney and the car is not kept as an evidence. It was not even mentioned on arraignments as police did not even mentioned that the car was seized in the case. DA was not even assigned to the case. Compound Supervisor told me show me a title and the car will be released. Only a problem with release is a title and I guess there can not be done anything about it. In your previous email you mentioned that the bank can take car back from Police. Is this also valid for NY?
AnswerI guess the attorney hasn't had any luck with the release of the vehicle? I do not understand why they won't release the vehicle as long as you have adequate proof of ownership. As for the bank... a finance company or lien holder can pick the vehicle up, it just depends on your working relationship with the lien holder. A lien holder has the right to pick up a vehicle anytime their security interest in the vehicle is compromised (i.e. the vehicle gets impounded). This is like a voluntary surrender of the vehicle, but as long as you can work with the lien holder they can pick the vehicle up and allow you to redeem it. There will be charges, but will probably cost less than having it sit there. You may also be able to contact the state and explain the situation to them. They should be able to give you the status of your title.
