A Minnesota Attorney on Defending Against Vehicle Forfeiture Under § 609.5318
The knock on your door, the flashing lights, the phone call—it all felt like a nightmare. You’ve been told that you or someone you know is being investigated for a drive-by shooting, one of the most serious felony offenses in Minnesota. In the midst of this terrifying accusation, you learn something else: the police have seized your car. They aren’t just holding it for evidence; they have started a legal process to take it from you permanently. Now, you’re not only fighting for your freedom, but you’re also fighting to get your property back.
You never imagined you would be in this position. Perhaps you lent your car to a friend or family member, never suspecting what they would do. Maybe your child took the car without your permission, or you were simply in the wrong place at the wrong time, a passenger in your own vehicle when something terrible happened. Whatever the circumstances, you are now entangled in two legal battles at once: a high-stakes criminal case and a civil forfeiture action against your vehicle under Minnesota Statute § 609.5318.
You cannot face this alone. I am a Minnesota criminal defense attorney who understands the immense pressure you are under. I have defended clients against the most serious felony charges and fought the government in complex forfeiture actions across the state, from Hennepin and Ramsey counties to the courts in Rochester, Duluth, and Greater Minnesota. The stakes are incredibly high, but Minnesota law provides powerful defenses, especially for innocent owners. It is critical that you act now to protect your rights, your freedom, and your property.
Your Car, Their Case: What Vehicle Forfeiture for a Drive-By Shooting Means
Vehicle forfeiture connected to a drive-by shooting is not like other types of forfeiture. It is a specific, highly punitive action directly tied to one of the most severe felony charges in Minnesota law: a violation of Minnesota Statute § 609.66, subdivision 1e. This is not a case where the government can simply allege a connection between your car and a crime. Under this specific law, they must first secure a criminal conviction against someone for the drive-by shooting offense before they can permanently take your vehicle.
This “conviction required” provision is a critical safeguard. However, it also means that your forfeiture case is inextricably linked to the outcome of the criminal prosecution. This is a two-front war. A prosecutor in Minneapolis or St. Paul will use the threat of taking your car as leverage in the criminal case, and vice versa. Understanding this dynamic is the first step in building a unified defense. A facing a Minnesota drive-by shooting charge is terrifying, and the associated forfeiture action only adds to the complexity of the fight ahead.
Minnesota’s Drive-By Shooting Forfeiture Law — Straight from the Statute
The specific law that gives the government the power to take a vehicle used in a drive-by shooting is Minnesota Statute § 609.5318. While it grants the state significant power, it also contains some of the strongest protections for innocent owners found anywhere in Minnesota’s forfeiture laws. Knowing these rules, especially the limitations on the government’s power, is crucial to your defense.
Here are some of the most important parts of the statute:
609.5318 FORFEITURE OF VEHICLES USED IN DRIVE-BY SHOOTINGS.
Subdivision 1. Motor vehicles subject to forfeiture. (a) If the prosecuting authority establishes by clear and convincing evidence that a motor vehicle was used in a violation of section 609.66, subdivision 1e, the vehicle is subject to forfeiture under this section upon a conviction for the same offense…
Subd. 5. Limitations. (a) A vehicle used by a person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner is a consenting party to, or is privy to, the commission of the act giving rise to the forfeiture.
(b) A vehicle is subject to forfeiture under this section only if the registered owner was privy to the act upon which the forfeiture is based, the act occurred with the owner’s knowledge or consent, or the act occurred due to the owner’s gross negligence in allowing another to use the vehicle.
(c) A vehicle encumbered by a bona fide security interest is subject to the interest of the secured party unless the party had knowledge of or consented to the act upon which the forfeiture is based.
Breaking Down the State’s Case for Forfeiture
To take your vehicle under this statute, the prosecutor can’t just point fingers. They have to prove a series of specific facts, and if they fail on any one of them, the forfeiture must be denied. This is a high burden, and my job is to make them prove every single assertion. We will challenge their evidence and hold them to the strict requirements of the law.
- Use in a Drive-By Shooting: The state must first prove, with clear and convincing evidence, that your specific vehicle was actually “used in” a violation of § 609.66, subd. 1e. This means they have to show the vehicle was integral to the crime—transporting the shooter to or from the scene, or as the platform from which shots were fired. Merely being present in the area is not enough.
- Clear and Convincing Evidence: This is a high legal standard. It means the prosecutor must present evidence that is highly and substantially more likely to be true than untrue. It is much tougher to meet than the “preponderance of the evidence” standard. We will attack the quality of their evidence, from eyewitness testimony to forensic analysis, to show they cannot meet this burden.
- A Required Criminal Conviction: This is absolute. The government cannot forfeit your vehicle under this statute unless and until a person is actually convicted of the related drive-by shooting offense. If the criminal charges are dismissed, or if the defendant is acquitted at trial, the forfeiture action against your car is defeated automatically. This makes the criminal defense the heart of the entire battle.
- The Owner’s Culpability: Uniquely, this statute requires the government to prove something about the vehicle’s owner. As we will see in the defenses section, they can’t take the car if the owner was truly innocent. They must prove you had knowledge, consented, or were grossly negligent in letting someone else use the vehicle. This focus on the owner’s state of mind is a powerful defensive tool.
The Shadow of the Criminal Charge: Penalties for Drive-By Shooting
The forfeiture of your vehicle, as serious as it is, pales in comparison to the penalties for the underlying criminal offense. A drive-by shooting under § 609.66, subd. 1e, is one of the most aggressively prosecuted crimes in Minnesota. A conviction carries devastating, life-altering consequences. The Minnesota sentencing for this offense is severe, and fighting the criminal charge is the number one priority.
Felony Drive-By Shooting Penalties
Depending on the specific circumstances, such as whether someone was injured, a conviction for a drive-by shooting can result in decades in prison. The statute creates several scenarios, with potential sentences of up to ten, twenty, or even more years of incarceration. In addition to prison time, a conviction will include massive fines, a felony record that can never be fully expunged, and a lifetime ban on owning firearms. The forfeiture of your vehicle is a direct consequence of a conviction for this offense.
What This Looks Like in Real Life — Common Forfeiture Scenarios
These cases are always tragic and complex, often involving family and friends caught in a terrible situation. The specific language in the statute about an owner’s knowledge or consent is designed for these very scenarios.
The Innocent Parent in St. Paul
Your 19-year-old son, who lives at home in St. Paul, takes your car without your permission one night. He gets involved with the wrong crowd and is later accused of being the driver in a drive-by shooting. The police seize your car. Because you had no knowledge, did not give consent, and were not grossly negligent (as he took the car without permission), you have a powerful innocent owner defense to get your vehicle back, even if your son is tragically convicted.
The Unknowing Friend in Minneapolis
You lend your car to a long-time friend in Minneapolis so he can go to a job interview. Later that day, you get a call that your car has been impounded. You learn your friend allegedly used it to drive a passenger who committed a drive-by shooting. You are now at risk of losing your car. To win, we must prove that you had no knowledge of your friend’s intentions and that you were not privy to the act in any way.
The Gross Negligence Question in Duluth
You let your nephew, who you know has a criminal record and associates with a gang, borrow your car in Duluth. He uses it in a drive-by shooting. In this scenario, the prosecutor will argue that even if you didn’t know his specific plan, you were “grossly negligent” in entrusting your vehicle to him given your knowledge of his background. This will be a difficult fight, centering on what you knew and when you knew it.
The Secured Lender in Rochester
A person buys a car from a dealership in Rochester and finances it through a local credit union. They use the car in a drive-by shooting and are convicted. The car is seized for forfeiture. The credit union, which has a bona fide security interest, can step in and fight the forfeiture to protect their loan. The court can protect their financial interest unless the prosecutor can prove the credit union knew about or consented to the crime, which is nearly impossible.
Reclaiming Your Vehicle: Powerful Defenses Built into Minnesota Law
An accusation is not a conviction, and a seizure is not a final forfeiture. Minnesota Statute § 609.5318 provides you, the vehicle owner, with some of the strongest defenses in all of forfeiture law. We will build our strategy around these statutory protections.
Fighting to get your property back starts with filing a timely demand for a judicial determination. This is a formal legal action that tells the government you are challenging their right to keep your vehicle. From there, we will mount an aggressive defense.
The Ultimate Defense: Winning the Criminal Case
The surest way to get your car back is to win the underlying criminal case. The statute explicitly requires a conviction.
- No Conviction, No Forfeiture: If I can get the criminal charges dismissed for lack of evidence, win a suppression motion that guts the state’s case, or secure a “not guilty” verdict at trial, the forfeiture action is legally dead. The state must return your vehicle. This is why a unified defense strategy is paramount.
The Innocent Owner Defense: No Knowledge or Consent
This is the cornerstone defense for a property owner who was not involved in the crime. Subdivision 5(b) of the statute puts the burden on the government to prove you were not innocent.
- Proving You Were “Out of the Loop”: We will gather evidence to show you were not “privy to the act” and that it did not happen with your knowledge or consent. This can include your testimony, text messages, and accounts from others showing you were unaware of any criminal plan.
- Challenging “Gross Negligence”: This is a very high standard for the government to prove. It means more than simple carelessness. The state must show you demonstrated a reckless disregard for the safety of others by entrusting your vehicle to the driver. We will vigorously fight any such allegation.
The Secured Party Defense
If you are a bank, credit union, or another lender with a security interest in the vehicle, you have rights.
- Protecting Your Financial Interest: Unless the prosecutor can prove that you, the lender, had knowledge of or consented to the criminal act, your financial interest in the property is protected. We can intervene on your behalf to ensure your loan is satisfied from any proceeds or that the property is returned.
Challenging the State’s Evidence
We will attack the foundation of the state’s forfeiture case by showing they cannot meet their high burden of proof.
- No “Use In” the Crime: We can argue that the vehicle was not actually “used in” the commission of the crime. For example, perhaps it was only used to drive away from the area long after the incident and was not integral to the act itself.
- Not “Clear and Convincing” Evidence: We will challenge the reliability of the state’s evidence. Is the eyewitness identification of the vehicle solid? Is the forensic evidence conclusive? By creating doubt, we can show the court that the state has not met its burden.
Minnesota Drive-By Forfeiture FAQs — What You Need to Know
This is an incredibly stressful and complex situation. Here are answers to some of the most urgent questions you may have.
Do I automatically lose my car if the driver is convicted?
No. Even if the person who used your car is convicted, you can still win the forfeiture case if you can prove you are an innocent owner under the statute—that you had no knowledge, gave no consent, and were not grossly negligent.
What if I was in the car when it happened but didn’t know the passenger had a gun?
This is a very difficult situation, but you still have a defense. You can argue that you were not “privy to the act” and had no knowledge that your passenger intended to commit a crime. Your credibility will be key, and you need an attorney to help you tell your story effectively.
What does “gross negligence” mean in this context?
Gross negligence is a high standard. It’s more than being careless. It means you acted with a reckless disregard for a known and substantial danger. The state would have to prove that you knew or should have known that lending your car to that specific person created a very high risk of this type of crime occurring.
How long do I have to fight the seizure?
You have 60 days from when you receive the notice to file a formal complaint demanding a judicial determination. If the related criminal case is still pending, this 60-day clock may not start until the criminal case is over. It is vital to act quickly.
Can the bank that gave me my car loan do anything?
Yes. The bank or lender is a “secured party” and has its own right to challenge the forfeiture to protect its financial interest in the vehicle, unless the government can prove the bank knew about the crime.
What happens if I win the forfeiture case? Does the state pay my legal fees?
Yes. The statute, under subdivision 4(b), specifically states that if the court orders your vehicle returned, it shall order your filing fees reimbursed and may order the payment of reasonable attorney fees, costs, and expenses. This is a powerful provision that makes fighting back more accessible.
How is this different from a DWI vehicle forfeiture?
This statute provides stronger protections for innocent owners. While DWI forfeiture also has an innocent owner defense, the “gross negligence” language in the drive-by statute creates an additional, higher hurdle for the government to clear when trying to take a car from an owner who wasn’t driving.
The police want to question me about my car. What should I do?
You should politely state, “I am exercising my right to remain silent, and I want to speak with my lawyer.” Do not answer any questions or try to explain the situation. Anything you say can be twisted and used against you in both the criminal and the forfeiture case. Call an attorney immediately.
Will fighting the forfeiture hurt the criminal defense case?
No. An experienced attorney will coordinate both defenses. Information from the forfeiture case can sometimes help the criminal case, and vice versa. A unified defense is the only way to effectively navigate this two-front war.
Do I still have to make my car payments if the police have my car?
Yes. Your loan agreement is a separate contract with your lender. You must continue to make payments on the vehicle, even while it is in police custody, to avoid defaulting on your loan and damaging your credit.
What if I owned the car with someone else?
If you are a co-owner, you have the same rights as a sole owner to challenge the forfeiture. You can assert your innocent owner defense based on your own knowledge and actions, regardless of what the other co-owner may have done.
The notice says I can file in conciliation court. Should I?
The notice must provide this information. If your vehicle is worth less than the conciliation court limit (currently $15,000), it is an option. However, given the seriousness of the connected criminal case, it is almost always better to fight the case in district court with the help of an attorney.
Can I get my car back while the case is ongoing?
Unlike some other forfeiture statutes, § 609.5318 does not have a specific provision for bonding the vehicle or surrendering the title for its return pending the outcome. The vehicle is typically held until the case is resolved, which makes winning the case quickly even more important.
What is the first step to getting my car back?
The absolute first step is to hire an attorney who is experienced in both serious felony defense and Minnesota forfeiture law. The deadlines are strict, and the stakes are too high to delay or try to handle this yourself.
Does the government have to prove which person in the car pulled the trigger?
For the criminal conviction, yes. For the forfeiture, they just have to prove the vehicle was used in the crime and that a conviction occurred. However, the details of who did what can be very important for an innocent owner defense, especially if the owner was also in the vehicle.
Life After a Drive-By Shooting Conviction: The Stakes
It is impossible to overstate the catastrophic consequences of a conviction for a drive-by shooting in Minnesota. The forfeiture of your vehicle is a serious financial blow, but it is a minor issue compared to the loss of liberty and the lifelong stigma that comes with the felony conviction.
Decades Behind Bars
The primary consequence is a lengthy prison sentence. A conviction will fundamentally alter the course of your life, taking away years or even decades of your freedom. You will miss out on family, career opportunities, and the simple ability to live your life on your own terms.
A Permanent Felony Record
A felony conviction for a drive-be shooting is a permanent mark on your record that will follow you forever. It will make it nearly impossible to find meaningful employment, as most employers will not hire someone with such a serious, violent felony on their record. Your application will likely be discarded the moment the background check comes back.
Loss of All Civil Rights
As a convicted felon in Minnesota, you will lose the right to vote until you are off probation or parole. More significantly, you will be permanently banned from ever owning or possessing a firearm or ammunition for the rest of your life. This is a lifetime ban that strips you of your Second Amendment rights.
Loss of Housing and Educational Opportunities
Finding a safe place to live will become a monumental challenge. Landlords overwhelmingly refuse to rent to individuals with violent felony convictions. You may also be barred from receiving federal student loans or other financial aid, closing the door to higher education and the chance to build a new life after prison.
You Need a Unified Defense from a Single, Experienced Attorney
When you are fighting a war on two fronts, you need one general. You cannot have one lawyer for the criminal case and another for the forfeiture; the two are too deeply connected. You need a single, experienced Minnesota defense attorney who can see the entire battlefield and craft a unified strategy to protect your freedom and your property.
A Coordinated Strategy is the Only Strategy
I will handle both your criminal defense and your civil forfeiture case as one seamless matter. Every decision we make in the criminal case will be informed by its potential impact on the forfeiture, and vice versa. This holistic approach prevents critical information from being missed and ensures we are always using every piece of leverage we have. I can use a potential weakness in the forfeiture case to negotiate a better outcome in the criminal case, something separate lawyers cannot do.
The Stakes Are Too High for a Divided Defense
A public defender can provide you with a defense in your criminal case, but they are generally not authorized to represent you in the separate civil forfeiture action. This would leave you to fight for your vehicle on your own—a task that is virtually impossible for a non-lawyer. You cannot afford to have a divided or incomplete defense when you are facing charges this serious. You need one attorney who is responsible for and committed to fighting for you on both fronts.
I Know How to Use the Innocent Owner Defense
The innocent owner protections in § 609.5318 are powerful, but only in the hands of a lawyer who knows how to use them. I understand the nuances of proving a lack of knowledge, consent, or gross negligence. I know what evidence to gather and how to present your story to a judge in a compelling way. Whether your case is in Minneapolis, St. Paul, or anywhere else in Minnesota, I will build the strongest possible defense to get your vehicle back.
Your Freedom and Future Are on the Line
This is the most serious legal challenge you will likely ever face. The outcome of this case will define your future. There is no room for error. You must act immediately to secure legal representation from an attorney with the skill and toughness to stand up to the government. Call me today. Let’s sit down, review your case, and begin building the unified, powerful defense you need to fight for your life and reclaim your property.