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  1. #1

    Default Narcotics Vehicle Seizure, Resulting In Felony Charges

    ok here is the summary i live in virginia beach and...

    ive sold weed for a little while now,
    about 4 weeks ago, one of my close friends told me that one of his friends was looking to get some weed he told me he was straight and it was all cool, so i met up with the kid he knew and the actual guy buying the weed, i sold him a half an ounce of weed. then on november 27th, i met up with just the single guy who actually bought the weed the first time, this time i sold him a half pound, and 2 days ago i was the middle man in a deal between the dude whos been buying and my friend who deals alot more than me, all 3 of us drove and all met up at a farmfresh, i was in my jeep then got into the car of the person who had been buying, shortly after , my friend who had the weed pulled in, i got out of the car, my friend got in with the 2 pounds of weed and a second later police came from everywhere and i was arrested along with my friend, im pretty sure that the dude buying had been an undercover police officer, on this night however the only thing i had in my pocket was a phone and a scale, i didnt have a single gram of weed on me nor in my jeep, long story short i am being charged with 3 class 5 felonies, intent to sell or distribute 1/2 ounce - 5 lbs on the 27th of november, intent to sell or distribute 1/2 ounce-5 lbs on december 2nd, and conspiracy . they also seized my jeep, my jeep is my baby , it was lifted, had 5 thousand dollars worth of audio equipment in it, i owe the bank 4,500 dollars still on the vehicle, and the blue book value of my jeep is about 9,500 dollars, i have a completely clean record, this is my first offense, and i am just clueless as to whether i will ever see my jeep again or will they auction it ? if anyone has any suggestions, anwsers or information about any of this it would be greatly appreciated. thankyou- james

  2. #2

    Default Re: Narcotics Vehicle Seizure, 3 Felonies. Please Help Me

    Yes they can take your vehicle. When I worked undercover I drove a couple of vehicles. Both were confiscated drug cars. It can happen to you.

  3. #3

    Default Re: Narcotics Vehicle Seizure, 3 Felonies. Please Help Me

    i understand, but what im curious about is what are the chances that ill get it back? dont i have to be convicted for them to keep it ? and even if they wanted to keep it, i still owe 4500 dollars on it, so if they wanted to auction it, they would have to pay that off first wouldnt they ? and doesnt the fact that i didnt have any marijuana on me nor in my vehicle the actualy night of the bust mean anything ?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Narcotics Vehicle Seizure, 3 Felonies. Please Help Me

    The court papers you received probably identified the forfeiture statute they are applying to your truck. Check the papers, and tell us the statute number.

    Usually forfeiture laws provide for the secured lender to be paid out of sale proceeds, although there is no guarantee that the sale price will be sufficient to cover the loan.

    Discuss the forfeiture proceeding and your options with your criminal defense lawyer.

  5. #5

    Default Re: Narcotics Vehicle Seizure, Resulting In Felony Charges

    i understand, well i checked the 3 felony papers and i cant find anything on there pertaining to statute of my vehicle or anything they are all just coded for the arrest

    18.2-248.1 times 2
    and 18.2-256/18.2-248.1


    another thing is, about a month ago, i bought alot of snap on tools/tool box for 5,200 and yesterday i went to my bank and consolidated my jeep loan and the snap on loan together, so now i owe 9,000 dollars to my bank, so now since they wont profit off the vehicles sale, what will occur ? and just to make sure, the only way i wont get my jeep back is if im convicted correct ?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Narcotics Vehicle Seizure, Resulting In Felony Charges

    If they are pursuing civil forfeiture, it is a separate proceeding from your criminal case. You can lose property to civil forfeiture even if you are acquitted of criminal cahrges.

    Discuss the forfeiture proceeding and your options with your criminal defense lawyer.

  7. #7
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Narcotics Vehicle Seizure, Resulting In Felony Charges

    What was the outcome on the jeep.

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