Call Me: 248-924-9458

Michigan Drunk Driving 
Boot Camp: Vehicle Forfeiture

If you're convicted of certain Michigan drunk driving offenses, the court may order as part of your sentencing, forfeiture of your vehicle.  Forfeiture is not mandatory, but it falls within the discretion of the sentencing judge.

The court can put your vehicle into forfeiture if it was involved in the offense charged, and you are at least a partial owner of the vehicle.  If the vehicle is a leased car, the court can return that vehicle to the lessor without your consent.  Forfeiture coincides with vehicle immobilization, which is mandatory, and if the judge doesn't order forfeiture, the court will order immobilization.

It is up to the prosecutor to petition for the forfeiture of your vehicle, which must happen within 14 days of your conviction; this petition puts all possible person's with an interest in the vehicle on notice of the forfeiture.  The court will then hold a hearing on the forfeiture within 21 days of the claim.

There are some cases where the vehicle is seized at the scene of the crime before the case comes to a conclusion.  A defendant in an open case may move the court to require the seizing agency to file a lien against the vehicle and return the car to the defendant pending resolution of the case.  The defendant must convince the court that the vehicle is necessary for the defendant or a family member to use the vehicle during the pending case.

If the defendant attempts to conceal, sell, give away or transfer the vehicle with the intent to avoid forfeiture, the defendant can be charged with an additional misdemeanor.

---

What Other Attorneys Say About Me:
"I had the opportunity of observing Jonathan represent a co-defendant in a difficult 3 count felony drug case. Through Jonathan's efforts all 3 felony counts were dismissed and client pled to a simple misdemeanor possession charge; a truly fantastic result for the client. I would without hesitation recommend Jonathan on a criminal matter"

"When I first met John, he was beating me up as a prosecutor. When I heard John became a defense attorney, I was elated for two reasons, first that I wouldn't have to go against him any more, and two, that anybody charged with a crime an Ann Arbor and Washtenaw County have an exceptional criminal defense attorney who gets the job done. As a defense attorney, John uses his extensive experience to craft solutions to tough cases. As a fellow defense lawyer, I rely on John's advice in my own cases. If you are in Ann Arbor and are in trouble, call John, he will help you"

"Jonathan is an extremely bright and talented criminal defense lawyer. His years of experience as a prosecuting attorney in New York and Michigan has already made him a top practitioner in his field. I happily endorse Jonathan Paul".

Lawyer Jonathan Paul | Top Attorney Criminal Defense