Crestview, FL Criminal Defense Law Firms & Lawyers

Since you were arrested and in jail, I assume you either bonded out immediately or went to a First Appearance Hearing (FAH).  If you went to a FAH, the judge should have asked whether you had, or wanted, an attorney.  Hopefully, you said "yes" to one of those questions.  If so, I assume you have either a court-appointed attorney or are in the process of retaining a private attorney to represent you.  That attorney should review the arrest and search procedure that was used in your case. There are too many factors that could influence what law enforcement had the right to do.  (So there is insufficient information, without seeing the various police reports, to know whether there was an illegal search -- or what defenses you may have.  Consequently, you need to set an appointment to discuss this with your attorney, who can request "Discovery" (which should include police reports).  In the meantime, remember you have the right to remain silent.  That means you do not have to talk about what happened with anyone.  So I would suggest that you not discuss the facts of this case with ANYONE (not even family members) until you meet and discuss it with your attorney.  Your attorney can then advise your further as to your right to remain silent and whether to exercise it further.      

I cannot give you a definitive answer to your specific case.  However, I can provide you with some general information that may give you some insight into your situation. First, it may be that your truck was confiscated by law enforcement under a "civil" forfeiture statute passed by the state legislature.  That statute allows law enforcement to confiscate property that law enforcement asserts was used or involved in some way in the criminal act.  Often, the fact that illegal drugs were found in the vehicle you were driving is all it takes for the law enforcement agency to decide to try to take the vehicle through a civil forfeiture proceeding.  However, if the law enforcement agency wants to start a civil forfeiture proceeding, it must notify you, within a set period of time, that it is seeking to take your vehicle by civil forfeiture.   This often is very confusing to the defendant since it is a civil law proceeding that stems from an alleged criminal law matter.  I have talked to numerous persons who thought once the criminal case was over or resolved, everything would be returned.  This is not correct if the law enforcement agency began a "civil" forfeiture proceeding.  The civil proceeding is totally separate -- and is even handled totally independently of the criminal matter.   Therefore, if a defendant receives a notice of civil forfeiture proceeding and ignores it, he/she may well lose the property due to failure to respond and contest the forfeiture within the appropriate period of time -- even if he/she is found not guilty in the criminal case.  However, there are certain requirements -- such as sending the notice of forfeiture proceeding within a requisite time period -- with which the law enforcement agency must comply.  If it failed to provide the required notice within the requisite time period, a defendant may have recourse to undo any forfeiture that may have taken place.