October 20, 2009, 09:44
ADA WTXStorage Fees in Asset Forfeiture Cases
Can agencies charge owners storage/towing fees related to the seizure and prosecutor of their vehicle?
The only thing I could find in ch 59 is 59.06(2) which states that storage fees can be deducted from the balance of a sale of forfeiture property.
Is there any other statute or caselaw that governs this?
October 20, 2009, 15:44
Shannon EdmondsCCP Art. 18.23 is the only other thing I know of off the top of my head. It may or may not apply to your situation.
October 20, 2009, 15:56
GaryBYou need to tread lightly in that area. Asset forfeiture is intended to be remedial rather than punishment. That is the reason given by the appellate courts as to why a forfeiture is not a violation of the double jeopardy or excessive fines clauses of the US Constitution. If you assess storage either through the criminal case or by way of a civil proceeding you may fall into these constitutional issues. Example: You seize a vehicle worth $20,000 and the owner is placed on probation and ordered to pay $2,500 restitution for storage of the seized vehicle. Will an appellate court say that by charging the storage fee you turn the remedial seizure into a punishment of $22,500 when the maximum fine is $10,000? Just a thought.
October 22, 2009, 11:08
Ann MontgomeryThere is an Attorney General's Opinion ooncerning this.