If a friend gave me the keys to his car, and we never said when I had to return it, which I didn,t and he called
the law to get it back for him, They came to the house and took the car, I never heard anything else, intill
8 months later, when they arrested me for, grand thief w/vehicle, they want me to take 5years probation.
grand thief w/vehicle
Started by
jimjac
, Nov 23 2012 10:54 PM
6 replies to this topic
#2
doucar
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Posted 23 November 2012 - 11:59 PM
You haven't asked a question. What does your attorney say.
#3
jimjac
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Posted 24 November 2012 - 04:48 PM
He said, {public defender}, that he can't do anything, for me to take it. but I thought if you were given the keys,
how can it be thieft. I know the same thing happen to a boss of mine, 2 years ago, in a different county',but
both in fla., and the cops told him they could get the car back for him, if they saw it, but couldn't charge the person
with anything since he allowed her to use it.
how can it be thieft. I know the same thing happen to a boss of mine, 2 years ago, in a different county',but
both in fla., and the cops told him they could get the car back for him, if they saw it, but couldn't charge the person
with anything since he allowed her to use it.
#4
LegalwriterOne
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Posted 24 November 2012 - 05:03 PM
Just because you are given the keys by the owner does not mean you have permission to keep the car forever. If he made an effort to contact you to get the car back OR, you made no effort to contact him about how long you could keep it or to even check in with him, that could serve as evidence that you never intended to return the car and that's theft.
#5
jimjac
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Posted 24 November 2012 - 07:36 PM
thank you, that's what I needed to know. I have one more question, if it goes trial, will my friend have to be there to testify, he said, he's
not going to, or will the state be able to charge me even, without him.
not going to, or will the state be able to charge me even, without him.
#6
adjusterjack
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Posted 25 November 2012 - 06:58 AM
If your friend doesn't testify, the prosecutor will not likely be able to prove his case and you'll be acquitted.
However, if your "friend" was annoyed enough to call the cops on you, there's a good chance he will show up to testify. Especially since the authorities will likely put pressure on him to testify.
Lots of people say PDs are good lawyers and conscientious. But, let's face it, they are underpaid and have large case loads and this one might be throwing you under the bus for expediency.
I suggest you find the money for a private attorney.
However, if your "friend" was annoyed enough to call the cops on you, there's a good chance he will show up to testify. Especially since the authorities will likely put pressure on him to testify.
Lots of people say PDs are good lawyers and conscientious. But, let's face it, they are underpaid and have large case loads and this one might be throwing you under the bus for expediency.
I suggest you find the money for a private attorney.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
#7
doucar
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Posted 27 November 2012 - 12:11 AM
technically it is embezzlement, but that is a form of theft and cna be charged as theft.
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