Vehicle theft; victim wants the charges dropped

[fds]

California San Bernardino County
VC10851(A) (from jail record)

2 weeks ago friend (this is all from his side of story) had/has relationship for about 6 monhts, uses her car often and pays for gas, has pictures of both of them in car. They have an argument, he leaves with her car. She calls police and states he stole the car. He calls her and says he is coming back to bring the car. She is not home. He drives around the complex, sees her, talks to her, cops appear, she walks away, he is arrested. Released on OR. Has a court appearance in a month.

I don't know if anything is filed yet.

She is willing to help him and ask prosecutor (DA?) to drop charges. He says that she is willing to write a notarized letter. What would be most effective for her to do? Call, write, in person visit.

Is there a way to search if charges are filed.

What is the probability of accusation of false charges (how often does it happen)

 

[racer72]

Prosecutors really hate when people do this. They may agree to drop the charges but the person that called the police may be charged with filing a false police report. 6 of one, half dozen of the other.

 

[dave33]

If he was released on or than it has been "filed" and the process has started. I doubt a request to drop the charges will do any good. A notarized letter would be of some help. The defendant could turn the letter over to his attorney on his next court date and ask the attorney to request a dismissal. There may be some consequences for the girlfriend but that is unavoidable. If in fact she did make a false complaint than that is something she will have to deal with. goodluck.

 

[fds]

I don't know. How would you decide if he stole the car.

How would I become an accessory

The 64 dollar question is : did he steal the car?

If so, the DA will NOT drop the charges. If he did not steal the car then the person who said he did WILL be charged with something related to filing a false police report.

I don't think that this girl would want to testify in court ... it can only go badly for her if the car theft did not occur. And w/o her testimony, I doubt a conviction would occur.

And telling the DA that "hey, you know that little felony theft complaint I lodged...it was all a misunderstanding" is not wise.

She needs to go see a few attnys to see how to play this out.


Please wait while we connect you to the Court Case Information System.

link above appears to provide case information (took 5 sec. google search to find)


And if I were YOU; I would stay out of this .. you do not wish to be an accessory to any crime.

 

[CdwJava]

California San Bernardino County
VC10851(A) (from jail record)

That is felony auto theft.

2 weeks ago friend (this is all from his side of story) had/has relationship for about 6 monhts, uses her car often and pays for gas, has pictures of both of them in car. They have an argument, he leaves with her car. She calls police and states he stole the car. He calls her and says he is coming back to bring the car. She is not home. He drives around the complex, sees her, talks to her, cops appear, she walks away, he is arrested. Released on OR. Has a court appearance in a month.

Released on O/R? From the jail, I presume?

If she signed the CHP 180 (the form generally used to document auto theft) and she asserted that he took the car without her permission, that's auto theft. If she gave him a set of keys and he has regularly had permission to take the car whenever he pleased, then he might have a good defense against the allegation.

She is willing to help him and ask prosecutor (DA?) to drop charges. He says that she is willing to write a notarized letter. What would be most effective for her to do? Call, write, in person visit.

So ... is she going to confess to lying to the police? Or, is she simply saying she doesn't want him to get in trouble now?

If she intends to say she lied, she had best speak to an attorney before confessing to a crime that got someone arrested because SHE will likely be the next one to go to jail. If she loves him again and wants to make it all better, then she can express her wishes to the DA but the DA is under no obligation to concern himself with her wishes.

Is there a way to search if charges are filed.

Check the court calendar or court website for his name. Or, call the DA's office and see if they will say anything about it.

What is the probability of accusation of false charges (how often does it happen)

If she confesses to accusing someone of a serious felony that got him arrested? Her chances of being charged herself are quite high. The cops HATE being pawns in what is often a high risk stop and can result in people getting SHOT AND KILLED! Auto thieves often get guns pointed at them. And if they run, the chase often ends in a crash. The cops will push quite hard to throw her lying butt in jail if she did so. And the boyfriend would have an outstanding civil suit against her.

She needs to speak to an attorney before even remotely considering backpedaling.

 

[fds]

yes from jail
I don't know. At this point she is not calling him back.
What can she say that would not get her into trouble? What would an attorney say?
what do you think of this
(c) In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.

That is felony auto theft.


Released on O/R? From the jail, I presume?

yes

If she signed the CHP 180 (the form generally used to document auto theft) and she asserted that he took the car without her permission, that's auto theft. If she gave him a set of keys and he has regularly had permission to take the car whenever he pleased, then he might have a good defense against the allegation.


(c) In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.




So ... is she going to confess to lying to the police? Or, is she simply saying she doesn't want him to get in trouble now?


I don't know. At this point she is not calling him back.

If she intends to say she lied, she had best speak to an attorney before confessing to a crime that got someone arrested because SHE will likely be the next one to go to jail. If she loves him again and wants to make it all better, then she can express her wishes to the DA but the DA is under no obligation to concern himself with her wishes.


What can she say that would not get her into trouble?



Check the court calendar or court website for his name. Or, call the DA's office and see if they will say anything about it.


If she confesses to accusing someone of a serious felony that got him arrested? Her chances of being charged herself are quite high. The cops HATE being pawns in what is often a high risk stop and can result in people getting SHOT AND KILLED! Auto thieves often get guns pointed at them. And if they run, the chase often ends in a crash. The cops will push quite hard to throw her lying butt in jail if she did so. And the boyfriend would have an outstanding civil suit against her.

She needs to speak to an attorney before even remotely considering backpedaling.

 

[CdwJava]

The only safe thing for her to say to the DA is to ask that the DA not pursue the matter. He may ask her why, and she can choose not to answer that question.

Chances are the DA will not drop it and she will be called to court. If she lies on the stand she could be charged with a crime.

The prosecutor will want to know WHY the sudden change of heart. Can she answer that?

And who are you friends with? Are you the auto thief? A friend of his?

 

[CreativeBlock]

I don't know. At this point she is not calling him back.

With all due respect, something doesn't sound quite right, here. She's willing to persuade the DA to drop the charges, but she's not willing to return the BF's calls?

Again, with all due respect, your post sounds quite like you're the BF in this situation and you're hoping you can persuade HER to persuade the DA to drop the charges.

Because honestly, I'd think that if she were willing to rethink the complaint, she'd at least return your/BF's phone calls.

 

[Just Blue]

With all due respect, something doesn't sound quite right, here. She's willing to persuade the DA to drop the charges, but she's not willing to return the BF's calls?

Again, with all due respect, your post sounds quite like you're the BF in this situation and you're hoping you can persuade HER to persuade the DA to drop the charges.

Because honestly, I'd think that if she were willing to rethink the complaint, she'd at least return your/BF's phone calls.

Yup. Just what I was thinking. If OP continues with this, he may also end up with another criminal charge.

 

[cyjeff]

Yup, OP is the BF and wondering how he can get out of this.

I guess when she yelled at you to get out of her car or she was calling the police, you should have listened, huh?

And why in the hell would a picture of you in the car mean anything? I can take a picture of myself in a 747 but that doesn't mean I have the right to pilot it.

 

[fds]

I see 2 additional charges now all charged as felonies.

pc 487d and 487a, 3 total.

Is it possible to contact a public defender before arraignment.

Is he at risk of being arrested at arraignment.


Both of these people are flaky, volatile attention whores with a dramatic relationship. I only hear one side of the story and it changes every day. The latest is she will sign a letter. His english is not good and he is asking me to write it.

I am gathering according to a post above that it would be best for her to not state the reason, but just write a letter stating she'd like to drop the charges (is there a better, official term for this).

I'd appreciate if someone would post an example letter

 

[CdwJava]

I see 2 additional charges now all charged as felonies.

pc 487d and 487a, 3 total.

Is it possible to contact a public defender before arraignment.

Is he at risk of being arrested at arraignment.

Until assigned by the court, there is not much he can do about a public defender.

And, yes, he can be arrested at arraignment. They might boost his bail and allow him to remain free, too. Or, they might let him go on his own.

I am gathering according to a post above that it would be best for her to not state the reason, but just write a letter stating she'd like to drop the charges (is there a better, official term for this).

The DA or the police will probably ask her why ... and if she alleges that she made a false report, she can go to jail.

She better hope that this guy is worth her going to jail over. If he stole the car, he stole the car. If he didn't, and she let him drive, then she needs to go to jail. She put his life and the lives of others at risk by reporting this vehicle as stolen. If they feel she made a false report out of spite and now has remorse, they will almost certainly come after her.

And I would recommend NO letter. No written evidence of what might be seen as her confession of making a false report. If anything, she should just express her desire to the DA.

Better answer, she should consult an attorney before trying to do anything that might be seen as an admission of guilt on her part.

 

[davidmcbeth3]

The DA or the police will probably ask her why ... and if she alleges that she made a false report, she can go to jail.

.

Well, I think she did file a false report....

 

[fds]

Somehow he was ORed without bail. Strange?

So she would make a phone call to DA? I also think an attorney would be ideal but he feels that he cannot afford it. I doubt she would spend money on an attorney.

What is the charge for a false report and what is the typical conviction in this area.

Until assigned by the court, there is not much he can do about a public defender.

And, yes, he can be arrested at arraignment. They might boost his bail and allow him to remain free, too. Or, they might let him go on his own.


The DA or the police will probably ask her why ... and if she alleges that she made a false report, she can go to jail.

She better hope that this guy is worth her going to jail over. If he stole the car, he stole the car. If he didn't, and she let him drive, then she needs to go to jail. She put his life and the lives of others at risk by reporting this vehicle as stolen. If they feel she made a false report out of spite and now has remorse, they will almost certainly come after her.

And I would recommend NO letter. No written evidence of what might be seen as her confession of making a false report. If anything, she should just express her desire to the DA.

Better answer, she should consult an attorney before trying to do anything that might be seen as an admission of guilt on her part.

 

[CdwJava]

Somehow he was ORed without bail. Strange?

So she would make a phone call to DA? I also think an attorney would be ideal but he feels that he cannot afford it. I doubt she would spend money on an attorney.

What is the charge for a false report and what is the typical conviction in this area.

It is typically a misdemeanor with a fine of up to $1,000 and 6 months in jail.

Here is the question she has to ask herself, DID she make a false report? If the guy stole her car, then the answer is "no" and she is a fool for risking jail on his behalf. If the answer is "yes" then she can do the right thing by admitting it, but, it would expose her to criminal prosecution.

She should probably seek a free initial consultation with a local attorney who she can provide details to.