Forfeiture – the ability for the State of Indiana to seize a person’s property without a jury. This sounds horrible. This should not happen in today’s day and age. Unfortunately, once again the State of Indiana has laws for everyday normal people and it has a separate set of laws for law enforcement.
Whenever a police officer finds probable cause to arrest a person, if the officer feels that property or money was used to commit certain crimes, the officer can file forfeiture proceedings on that money or property, or even both. This typically results in the property or money or both being taken from the individual. This is most often used in drug cases, where a significant quantity of drugs is present within a vehicle. The police will “forfeit” the vehicle and money and attempt to take it from the arrested individual.
While forfeiture is common in drug cases, it can be used in Indiana DUI / OVWI cases. If a person is arrested for DUI / OVWI and that same person has two prior convictions for DUI / OVWI the officer can file forfeiture proceedings on the vehicle the arrested person was operating. This results in the car being seized by law enforcement. This is a horrible outcome.
This is also a reason why you need an Indianapolis DUI / OVWI attorney to fight any charges of drunk driving. There is more than you know at stake.
Attorney Marc Lopez represents individuals accused of drunk driving in the Indianapolis, Indiana area. He is a former Prosecutor with the Marion County Prosecutor’s office and was assigned to the OVWI Unit. Call Attorney Marc Lopez today at (317) 489-9611 or contact him through e-mail. Initial Consultations are always Free.
