Falsely accused of Renting and stealing that vehicle

[college2014stud]

What is the name of your state (only U.S. law)? Massachusetts

Well this is my situation. I lost my wallet about 3 years ago with only my license in it. I didnt report it stolen to the police because I didnt think it would matter but I went to get a new one the very next day and got a paper duplicate with a new address since I moved since I got my first license. A few months ago police at work told me I had a warrant under my old license for renting and stealing a vehicle. So the rental company accepted my old license to whoever was using it with signatures that are clearly nowhere near mine, also they did not ask for any second form of identification, and they accepted cash for all transactions. They rent to people 18 and over without a second thought. The only witness is the cashier that still works for the company and claims that I, the guy on the license, is without a doubt the person who rented the vehicle. Since she still works at the company and is worried about the safety of her job i believe she is biased and is willing to say anything the owner tells her, him being the one pressing the charges. I have never even been to the town Im being charged at, its 50 miles from where I live, and as far as evidence, they only have my old license with an old address, and the cashier as at eye witness. Again I got a new license with a new address 11 months before the actual crime, they have no second form of I.D, forged incorrect signatures, no credit cards, video tapes, or even phone records. The owner of the rental company has a criminal record and is known for his criminal behavior in the courts. I have a perfect record not even a parking ticket, Im a college student and 23 and scared this will ruin my record and my life. My question is, can this still go to trial? can the witness be impeached for being baised? and if so how easy will this case be to win?

 

[quincy]

What is the name of your state (only U.S. law)? Massachusetts

Well this is my situation. I lost my wallet about 3 years ago with only my license in it. I didnt report it stolen to the police because I didnt think it would matter but I went to get a new one the very next day and got a paper duplicate with a new address since I moved since I got my first license. A few months ago police at work told me I had a warrant under my old license for renting and stealing a vehicle. So the rental company accepted my old license to whoever was using it with signatures that are clearly nowhere near mine, also they did not ask for any second form of identification, and they accepted cash for all transactions. The rent to people 18 and over without a second thought. The only witness is the cashier that still works for the company and claims that I, the guy on the license, is without a doubt the person who rented the vehicle. Since she still works at the company and is worried about the safety of her job i believe she is biased and is willing to say anything the owner tells her, him being the one pressing the charges. I have never even been to the town Im being charged at its 50 miles from where I live, and as far as evidence, they only have my old license with an old address, and the cashier as at eye witness. Again I got a new license with a new address 11 months before the actual crime, the have no second form of I.D, forged incorrect signatures, no credit cards, video tapes, or even phone records. The owner of the rental company has a criminal record and is known for his criminal behavior in the courts. My question is, can this still go to trial? can the witness be impeached for being baised? and if so how easy will this case be to win?

The questions you ask here are better asked of the criminal defense attorney you should hire. I recommend you do so quickly.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Massachusetts

Well this is my situation. I lost my wallet about 3 years ago with only my license in it. I didnt report it stolen to the police because I didnt think it would matter but I went to get a new one the very next day and got a paper duplicate with a new address since I moved since I got my first license. A few months ago police at work told me I had a warrant under my old license for renting and stealing a vehicle. So the rental company accepted my old license to whoever was using it with signatures that are clearly nowhere near mine, also they did not ask for any second form of identification, and they accepted cash for all transactions. They rent to people 18 and over without a second thought. The only witness is the cashier that still works for the company and claims that I, the guy on the license, is without a doubt the person who rented the vehicle. Since she still works at the company and is worried about the safety of her job i believe she is biased and is willing to say anything the owner tells her, him being the one pressing the charges. I have never even been to the town Im being charged at, its 50 miles from where I live, and as far as evidence, they only have my old license with an old address, and the cashier as at eye witness. Again I got a new license with a new address 11 months before the actual crime, they have no second form of I.D, forged incorrect signatures, no credit cards, video tapes, or even phone records. The owner of the rental company has a criminal record and is known for his criminal behavior in the courts. I have a perfect record not even a parking ticket, Im a college student and 23 and scared this will ruin my record and my life. My question is, can this still go to trial? can the witness be impeached for being baised? and if so how easy will this case be to win?

You made mistakes. The owner's criminal history doesn't matter. He had a legal business. He has a copy of your driver's license which YOU DID NOT report stolen. There is an eyewitness who says it was you. Yes, this can still go to trial. You have no proof she is biased. She was doing a job. End of story. She also has no bone to pick with you. After all, she doesn't know you. She can't be impeached because she worked for the place. That is not enough. This case will not be easy to win actually. Juries LOVE eyewitnesses. The majority of people believe that eyewitnesses always know exactly who they saw. You NEED an attorney.

 

[college2014stud]

The questions you ask here are better asked of the criminal defense attorney you should hire. I recommend you do so quickly.

Well I have an attorney, but my case was dismissed because the witness did not show up on time and the D.A asked for another date. But she showed up 9 hours late telling the D.A Im the guy. I just want to know the chances of the case being reopened given the current situation and what are my chances of another dismissal, or chances with a jury.

 

[college2014stud]

You made mistakes. The owner's criminal history doesn't matter. He had a legal business. He has a copy of your driver's license which YOU DID NOT report stolen. There is an eyewitness who says it was you. Yes, this can still go to trial. You have no proof she is biased. She was doing a job. End of story. She also has no bone to pick with you. After all, she doesn't know you. She can't be impeached because she worked for the place. That is not enough. This case will not be easy to win actually. Juries LOVE eyewitnesses. The majority of people believe that eyewitnesses always know exactly who they saw. You NEED an attorney.

Well she doesnt have a bone to pick with me but her employer does. If he guides her for his personal gain is that not bias? and to prove biased couldnt you track their phone records and text messages? Also they only one form of i.d, I am not sure but I believe you need more then one form of identification to rent a vehicle anywhere in America or am I incorrect?

 

[quincy]

Well I have an attorney, but my case was dismissed because the witness did not show up on time and the D.A asked for another date. But she showed up 9 hours late telling the D.A Im the guy. I just want to know the chances of the case being reopened given the current situation and what are my chances of another dismissal, or chances with a jury.

These questions are best asked of your attorney.

There is no way anyone here can tell what the chances are of you escaping conviction if your case is presented to a jury. We can only guess. Your attorney at least can offer you an educated guess because s/he has access to all of the evidence and all of the facts.

You really should have reported to the police that your license was stolen but, ah well, it is easy to look back and see what you should have done.

Good luck.

 

[Ohiogal]

Well she doesnt have a bone to pick with me but her employer does. If he guides her for his personal gain is that not bias? and to prove biased couldnt you track their phone records and text messages? Also they only one form of i.d, I am not sure but I believe you need more then one form of identification to rent a vehicle anywhere in America or am I incorrect?

You are incorrect. Each car rental company can set their own policies regarding ID. And they could have had a credit card or something of that nature. When is the last time you checked your credit report? What would the phone records/text messages show? Oh that a boss and employee communicated. The problem is it is not the car rental place that is the Plaintiff. It is the STATE. You are not entitled to that information from the employee and owner. And why does her employer have a bone to pick with you? Oh because of the car you state you didn't rent? The owner of the agency is out a car and money. That doesn't mean he is the one suing you. You don't understand this at all.

Do you have an attorney?

If not, get one immediately.

 

[Ohiogal]

Well I have an attorney, but my case was dismissed because the witness did not show up on time and the D.A asked for another date. But she showed up 9 hours late telling the D.A Im the guy. I just want to know the chances of the case being reopened given the current situation and what are my chances of another dismissal, or chances with a jury.

Dismissed? If the DA asked for another date -- that sounds like a continuance. Not a dismissal.

 

[quincy]

Well I have an attorney ...

college2014stud says he has an attorney.

I hope the attorney is a good one.

 

[Ohiogal]

college2014stud says he has an attorney.

I hope the attorney is a good one.

Then he should really shut up and not be posting to the internet about everything.

 

[college2014stud]

These questions are best asked of your attorney.

There is no way anyone here can tell what the chances are of you escaping conviction if your case is presented to a jury. We can only guess. Your attorney at least can offer you an educated guess because s/he has access to all of the evidence and all of the facts.

You really should have reported to the police that your license was stolen but, ah well, it is easy to look back and see what you should have done.

Good luck.

Thanks, and yea I know it is easy to look back at what you should of done, thats why I m not talking about that, I know I made a mistake I was young and naive, didnt know much about the law, I never thought I could get in this much trouble with an old license, if I only knew. Nobody told me to report to the police, I thought the registry made that license unusable after I told them it was lost and didnt think you can just walk around using peoples i.d like change on the floor.

 

[quincy]

Thanks, and yea I know it is easy to look back at what you should of done, thats why I m not talking about that, I know I made a mistake I was young and naive, didnt know much about the law, I never thought I could get in this much trouble with an old license, if I only knew. Nobody told me to report to the police, I thought the registry made that license unusable after I told them it was lost and didnt think you can just walk around using peoples i.d like change on the floor.

It often takes an incident like the one you are now entangled in to learn the law. It is definitely not the best way to learn it.

I recommend you speak with your attorney and rely on his advice and direction.

Good luck.

 

[college2014stud]

You are incorrect. Each car rental company can set their own policies regarding ID. And they could have had a credit card or something of that nature. When is the last time you checked your credit report? What would the phone records/text messages show? Oh that a boss and employee communicated. The problem is it is not the car rental place that is the Plaintiff. It is the STATE. You are not entitled to that information from the employee and owner. And why does her employer have a bone to pick with you? Oh because of the car you state you didn't rent? The owner of the agency is out a car and money. That doesn't mean he is the one suing you. You don't understand this at all.

Do you have an attorney?

If not, get one immediately.

I checked everything I had, on file I never even had a credit card, they have nothing but the old license. And he has a bone to pick with me because he just wants money he already got money from his car threw insurance as far as I know, also I m 100% confident they both know its not me their just pulling a half assed scam to get quick money. Again they have no second form of i.d, not my signature, the owner is known for similar crimes and involved with drug trafficking cases. Of course his criminal record matters in this scenario. If I m not understanding something please elaborate.

 

[college2014stud]

Dismissed? If the DA asked for another date -- that sounds like a continuance. Not a dismissal.

no its a dismissal for lack of preparation.

 

[college2014stud]

Then he should really shut up and not be posting to the internet about everything.

Thanks for the very great and useful advice . I just wanted some more insight by some other experienced helpful minds aside of my lawyers but hey your help is much appreciated.