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Abandonded Vehicle or auto burglary?

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L

loretta

Guest
California! As co-defendant in Auto burglary I have found out the vehicle the DA and police entered into court pre-lim as "It is registered to This Person." It is not registered. They lied. The vehicle does meet all Municipal, Penal and vehicle codes as abandonded vehicle. Can this get case thrown out or dismissed?
 


calatty

Senior Member
That the car be registered is not one of the elements of burglary, so you can't obtain a dismissal on that basis. However, you might have a "claim of right" defense at trial, under which the jury should acquit you if you had an honest belief, even if mistaken, that you had a right to take the property because it was abandoned.
 
L

loretta

Guest
car burglary?

There was nothing taken from the car. My co-defendant was seen in the car and he ran. He is on parole and has priors. The car door lock was major punch but the tools they are claiming are, 1. wire cutters, 2. 2 small jewelry screw drivers the kind for glasses. There were 4 screws the same kind as the cars in his pocket. He has the same car but it needs an engine. The DA is claiming he was in the car to steal the radio. He just had a $1200.00 one installed in his car or course I can't find reciepts at this time but working on getting notarized statement from installer. The owner of the car does not want to press charges but he is afraid of police. I was sitting in car at apartment complex across the street. The police took statements I made out of context. One of those statements they want to use to convict him. Thank you.
 

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