Civil Forfeiture of Vehicles in Drug Cases

Indiana is among few states that still have strict civil forfeiture laws that can result in your assets or property being seized in connection with a criminal offense. In Indiana, civil forfeiture can occur regardless of whether or not you have been arrested for a particular offense or charged with a particular offense. To be clear, civil forfeiture often happens in the Indianapolis area due to an alleged connection between your property and a criminal offense that was committed. While civil forfeiture can occur in a wide range of criminal cases, civil forfeiture often happens in drug crime cases. Under IC 34-24-1-1, the seizure of vehicles is expressly permitted when a vehicle is alleged to have been used, or intended for use, in a drug offense.

What do you need to know about the civil forfeiture of vehicles in drug cases? And what can you do to get your vehicle back if it is seized in connection with a drug crime in Indiana? Consider the following information from our Indianapolis criminal defense attorneys.

Seizure of Vehicles in Indiana Drug Crime Cases 

How does the seizure of vehicles occur in drug crime cases? According to the text of IC 34-24-1-1, any vehicle can be seized if it is “used or intended for use by the person or persons in possession of them to transport or in any manner facilitate the transportation of” various substances, including “a controlled substance for the purpose of committing, attempting to commit, or conspiring to commit” one of the following offenses:

• Dealing in or manufacturing cocaine or a narcotic drug;
• Dealing in methamphetamine;
• Dealing in a schedule I, II, or III controlled substance;
• Dealing in a schedule IV controlled substance;
• Dealing in a schedule V controlled substance;
• Dealing in a counterfeit substance;
• Possession of cocaine or a narcotic drug;
• Possession of methamphetamine;
• Dealing in paraphernalia; or
• Dealing in marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid.

Certain drugged driving offenses in Indiana, which involve the use of certain substances, can also result in the seizure of a motor vehicle. There are also a range of other criminal offenses that may or may not be connected to any drug offenses that can result in the seizure of vehicles.

The statute clarifies that “a vehicle used by any person as a common or contract carrier in the transaction of business as a common or contract carrier is not subject to seizure…unless it can be proven by a preponderance of the evidence that the owner of the vehicle knowingly permitted the vehicle to be used to engage in conduct that subjects it to seizure.” In other words, a business vehicle is not subject to seizure under the same terms as a personal vehicle, but if the prosecution can prove by a mere preponderance of the evidence — a low evidentiary standard — that the business vehicle owner had knowledge that the vehicle was being used in the drug crime.

Contact an Indianapolis Criminal Defense Attorney for Assistance 

The process for getting your property back once it has been subject to civil forfeiture can be complicated, but one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can help you. We are committed to assisting Indianapolis clients in civil forfeiture cases, and we can speak with you today about your options.

Source: 

law.justia.com/codes/indiana/2011/title34/article24/chapter1