What You Should Know About Vehicle Impoundment

 Posted on January 28,2015 in Your Rights

Being charged with a crime is always a very difficult situation. You may be worried about potential jail or prison time, fines and fees, the effect on your reputation, the possibility of losing or job, immigration or professional licensing consequences, or any of about a thousand other potential consequences. One thing you need to be aware of is that when you are charged with certain crimes, another possible issue you may have to deal with is having your car impounded by police.

Illinois Vehicle Impoundment Statute

Illinois has a statute that allows the police to impound your vehicle if you are arrested for certain crimes. These crimes include:

• Trafficking in persons, involuntary servitude, and related offenses;
• Prostitution;
• Solicitation of a sexual act;
• Promoting prostitution;
• Promoting juvenile prostitution;
• Patronizing a prostitute; and
• Patronizing a minor engaged in prostitution.

The police can also impound your car if you are arrested for violating any city ordinance that is related to these crimes. The law enforcement agency is then allowed to charge you a $1,000 fee, and you are not allowed to pick up your vehicle for at least two hours. Half of the fee goes to the police agency that arrested you and the other half of the fee goes to the “Specialized Services for Survivors of Human Trafficking Fund.”

What Happens if You are Found Not Guilty?

If you are found not guilty of an offense for which you are arrested, some consequences go away and some do not. Obviously you do not have to concern yourself with further jail time or fines in these cases, but the impact on your public reputation can be permanent. As for the vehicle-impounding consequences, you do have some recourse. While there is no way to undo the hassle of dealing with the impounding process, a signed court order can get you your $1,000 back.

Potential Forfeiture

Of course, the impoundment statute is not the only way that law enforcement can take your car. The seizure and forfeiture statute allows the police to take your car permanently if it is used in the course of committing certain crimes. Asset seizure law is complicated and in most cases the burden falls on you to prove that the property was not used to commit a crime. Seizure law also involves strict time limits. That is why it is extremely important to get an attorney involved in your case as soon as possible.

Call the Law Offices of Christopher M. Cosley

When you are charged with a crime, the list of potentially life-changes consequences is huge. That is why you need an experienced Rolling Meadows criminal defense attorney like Christopher M. Cosley. You should call our office at 847-253-3100 so we can schedule a consultation to discuss your case and see if we can be of help.