My lady was driving a NICE Ford Cobra when she got pulled over, searched w/consent and drugs found. The cops seized the car and several people have intervened to assert an interest in the vehicle - Imagine that??

Seems the lady pledged a CD to the bank for payment of the car. In her pending divorce, there is a dispute as to whether the CD was owned by the deceased father of the "soon to be ex-husband" or is simply community property. Either way, the car is paid for, the loan against the CD continues is not paid and everyone wants us to give up the car to offset their (alleged)loss. The lady's criminal atty also claims the forfeiture violates the Excessive Fines Clause because it's such a nice ride -- unlike the typical drug dealer's 1978 Ford Pinto........

My judge is going to want some very clear guidance on how to keep this a simple forfeiture hearing and not some wild family law case. Can anyone point me in the right direction?

It would seem to me that the car is community property regardless of whether the property securing the loan (in this case the CD) is separate property or community property. The car was acquired during the marriage with proceeds of the loan. The answer might be different had she used the CD to pay for the car instead of security for the loan.

I would very well expect the husband to come into court and argue that he is an innocent spouse and assert his community interest in the property.

The excessive fines clause has some merit if you found some miniscule amount of drugs in the vehicle (i.e. residue/.05 grams or other similar small amount). My thought has always been that anytime you go above personal use amounts or find things indicative of the "business" of narcotics (scales, baggies and the like) that you're fine in terms of the excessive fines clause.

THe only resource I have on forfeitures is outdated...1997?
Is there an updated resource available, I'm new to forfeitures.
Kjackson

TDCAA just updated its Guide to Asset Seizure and Forfeiture for 2003. You can order it online or by calling 512/474-2436.

Don't mean to sound like a salesperson ... just thought the book might be helpful!

Don't Apologize for selling a good book.

I just found the updated book yesterday and will get it ordered today.