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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-06-2007, 06:14 PM
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Please help!! Going to court tomorrow


What is the name of your state? CA

I am the victim in a criminal case. There is a person being charged with the theft of my vehicle. However, I am certain that they have the wrong person. My other car was broken into again after they arrested the wrong person for the crime (I believe whoever it was, was trying to get a hold of my registration papers because that was all they took). I have expressed my views to the DA and the Public defender. Unfortunately, it seems like no one is willing to take me seriously or listen to my request. The case is set for formal arraignment tomorrow. My question is, If I write a letter to the judge himself will that help getting this person cleared or released? Should I include a copy of the new police report from the second crime against me? I know this person and if they ever need to borrow my car all they would have to do it ask. There is absolutely no reason for him to steal it. Please let me know your thoughts. Thank you for your time

Last edited by cvasquez0304; 11-06-2007 at 06:22 PM.
  #2  
Old 11-06-2007, 06:18 PM
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Good luck!

Ummm... some of the courthouses have great food in the cafeteria. Check it out. I used to work at a courthouse and the cafeteria manager would fry catfish fresh. Great stuff.

I don't know what else you needed help with, but dress nicely and behave.
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  #3  
Old 11-06-2007, 06:26 PM
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sorry I posted too soon. Please look at my complete post. Thanks!
  #4  
Old 11-06-2007, 07:42 PM
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Quote:
Originally Posted by cvasquez0304 View Post
I am the victim in a criminal case. There is a person being charged with the theft of my vehicle. However, I am certain that they have the wrong person. My other car was broken into again after they arrested the wrong person for the crime (I believe whoever it was, was trying to get a hold of my registration papers because that was all they took). I have expressed my views to the DA and the Public defender. Unfortunately, it seems like no one is willing to take me seriously or listen to my request. The case is set for formal arraignment tomorrow. My question is, If I write a letter to the judge himself will that help getting this person cleared or released? Should I include a copy of the new police report from the second crime against me? I know this person and if they ever need to borrow my car all they would have to do it ask. There is absolutely no reason for him to steal it. Please let me know your thoughts. Thank you for your time
The judge will not likely read your letter and cannot act on it even if he does. You may speak at sentencing, if you wish, but you have no right to talk to the judge about the matter unless called to the stand.

What you "believe" is irrelevant. The state has to prove the crime of auto theft in court. That likely means they have more than a passing idea that he had it. They likely have proof that he was in possession of the vehicle and that he either stole it or knew it to be stolen when he was in possession of it.

Not having a reason is never an explanation. Lots of people steal even when they don't need to.

If you want to speak on the defendant's behalf, feel free to speak to his attorney and offer your statement to him. However, if you do take the stand for the defendant, expect them to drop the investigation entirely and no longer pursue the matter. Also expect them to look at the possibility you made a false report.

It will all depend on the evidence they have that this person was in possession of your vehicle without your permission. I seriously doubt it is more than someone said they saw him standing next to your car after it was stolen.

- Carl
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