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Chewlee1

Unauthorized use of vehicle

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My son took my car and totaled it.  When I couldnt find my car when I woke up or him, I was worried and went to see if cops had it, if there was an accident.  I expressed he used my car before. When cop came to my home to say it was totaled, I went on emotions. Told cop, diff one, he used before but I didnt say he could that night. Charges were filed unauth use ( criminal charge ) several misdemeanors. He has been in state prison for 2 months, he was arrested and state parole held because he failed to report he stayed at a female house instead mine for a few days. Really. Shouldn't he  have had hearing on charges with car within 10 days in Pennsylvania? If so, can I request to throw charges out?  His hearing is Wednesday 2 months later. I said I am not going forward with unauth use because he did live with me and used the car, seeing my new car totaled I was angry. He is going to sit regardless due to state parole. 

Can judge decide against if I say I won't testify? 

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Yes, while the state may have a more difficult time proving unauthorized use without your testimony beyond a reasonable doubt.  The parole violation is a much lower standard, probable cause.

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17 hours ago, Chewlee1 said:

My son took my car

 

You should clarify exactly what this means.  Did you generally or specifically approve his use of your car?  Or did he steal it/use it without your permission?  Does your son live with you?

 

 

17 hours ago, Chewlee1 said:

can I request to throw charges out?

 

Sure.  Call the prosecutor handling the case.

 

 

17 hours ago, Chewlee1 said:

I said I am not going forward with unauth use because he did live with me and used the car, seeing my new car totaled I was angry. He is going to sit regardless due to state parole. 

Can judge decide against if I say I won't testify?

 

You don't get a choice about testifying.  If you are subpoenaed to testify, you either comply or risk being put in jail yourself.

 

Your son obviously needs a criminal defense attorney (if he doesn't already have one), and it sounds like it wouldn't be a terrible idea for you to consult with one also.

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I can't afford an attorney. His hearing was just moved from tomorrow till July 18th. That will be 4 months before he gets any hearing. I didnt have problem with him using car but he usually asks but I already had went to bed. Yes he lived at home. 

Thank you for all your information. 

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1 hour ago, Chewlee1 said:

I didnt have problem with him using car but he usually asks but I already had went to bed. Yes he lived at home. 

 

And he had access to the keys.

 

That's called "constructive permission" where he had no reason to believe that he couldn't use the car.

 

You've opened up a real can of worms by telling the cops he took the car without permission.

 

 

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14 minutes ago, adjusterjack said:

You've opened up a real can of worms by telling the cops he took the car without permission.

 

I agree.  If you take steps to try and get your son off the hook, you risk incriminating yourself.  If you really want to do that, then you probably should speak with your son's attorney first.

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He don't have attorney, can't afford one.  I was emotional and shouldn't of reacted. I did not mislead the cops. I told both he lived here and had used it before. Guess I have 2 months to come up with money for attorney.  Thanks for input. 

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