» Entries tagged with "forfeiture"
Defining a Win
There’s a mostly-written motion still up on my office computer screen. When I finally close the file, I’m going to try not to read it. It will just make me angry. My client’s case was dismissed on Friday, but there were strings attached. He agreed to a $200.00 forfeited collateral on a new citation in exchange for a complete dismissal of his federal criminal case. Compared to a lot of defendants, the result was great. In most cases, I’d be happy. This case is a little different. It shouldn’t have been charged in the first place. The statute containing his supposed violation is so broad it could mean almost anything. I might be violating it by writing this post, and you could be violating … Read entire article »
Filed under: Clients
The Motorcycle That Could Not Be
I recently finished working on a pro bono forfeiture case. The short story is that a guy puts a new engine and forks on a 1970s Harley Davidson in California in 1991. He registers it in California, and they give it a new VIN because the new motor serial number doesn’t match the frame. This is a common practice for motorcycles. My client enters the picture in 1992 or 1993, when he buys the motorcycle. He registers it in California and operates it for years with no issues. He moves to Massachusetts and registers it with no problem. In 2004, he moves to Arizona to be closer to his children and grandchildren. When he takes the bike to the Arizona MVD in 2007 (he didn’t ride … Read entire article »
Filed under: Arizona Statutes, Bikers' Rights
Can't Make Out Your VIN?
If your answer to that question is “yes,” there’s a chance your vehicle is going to become property of the State of Arizona at some point in the future. A.R.S. § 28-4594(A) provides that when the VIN of a vehicle or of a major component of a vehicle has been removed, defaced, altered or destroyed without the permission the Arizona Department of Transportation, the vehicle is contraband. If the state decides your vehicle is contraband, it can seize and destroy it. That might mean that every vehicle with a non-manufacturer or out-of-state VIN on any major component could be seized when driven or ridden through Arizona. When a new VIN is attached by another state to any major part of a recovered vehicle, that vehicle might be forever … Read entire article »
Filed under: Arizona Statutes
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