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detective keeps messing w/me and family

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rick d

Junior Member
What is the name of your state?Texas

I worked for a car dealership for 6 years in Texas. On July 24,2004
the general mgr came to my office and said that thousands of dollars
had been stolen 2 nights prior to this.I was a Sales and Service manager
at that time and happened to be the last one there that evening.He questioned me as to if I had seen anyone go upstairs and I had not.Later
that day,he came back and told me I had 1 of 2 options.Admit I stole this money and return it and be fired or keep denying it and I would be prosecuted to the fullest extent of the law.I was in shock as they have 20 cameras in the dealership and I told him to review the tape as I wasnt any
where near where this supposedly happened.I offered to take a lie detector
test,pay for it and be reimbursed when it cleared me.He said this was not an option. A detective called me and acted like he was my friend,said there was a misunderstanding and asked me to give a statement to clear it up.I asked an attorney if this was what I should do and she advised me no.I called him back and told him exactly what I was advised to say which was I am not trying to be rude but I can only hurt my position by being led into word traps in an interregation.I said if you would like to charge me with a crime,I will come in and you can speak with my attorney about this.I never heard back.
In may,before I was fired, my mother had an accident in a vehicle she purchased from this dealership and there was a fight between ins. companies as to whether or not the car should be totaled or fixed.The used car director
told me I could put my mother in a loaner car until the issue was resolved as I had worked there 6 years,this is not an uncommon practice.When I was fired, as the general manager escorted me to my vehicle,he asked me if I had any customers in a loaner vehicle.A technician was helping me carry my personal effects out and I told the G.M that a customer who's car was in service was in a loaner car and my mother who's car was wrecked was in a loaner car and the Used car director ok'd this.He said that is fine.Two weeks ago,my mom and her boyfriend were at their credit union when a police officer observed one of the tags was out.My mom told him it was a loaner car and he called the dealership.After about 2 hours of waiting,the manager who terminated me showed up insisting this was a stolen car.The officers on site told him it was not reported stolen and there was nothing they could do.The officers came back and told my mom the dealership was going to be magnanimous about this and let them go home.3 weeks later,the same detective who initially questioned me and was not even present at the credit union called my mom and told her he was going to get an arrest warrant for her and her boyfriend for possession of stolen property and asked for me to call him.When I called him he was very abrasive and told me that if I was innocent,I would have come in in July and given a statement.I argued that it is my constitutional right to obtain the counsel of an attorney and didn't care what he thought about that.He then tried to bait me into coming in by saying he wasn't going to talk about this over the phone with me and threatened my mom saying he was going to arrest her and it was my fault.Can they do this and is this at all legal?

Thank You,
RickyD.
 


rick d

Junior Member
Yes my question is can police officers from one city tell the manager he can't file charges on a vehicle that isn't reported stolen.And then 2 weeks later a detective who wasn't at the scene get an arrest warrant for my mother and her boyfriend for being in a car that was loaned to them by the dealership?

Thank You
RickD
 

CdwJava

Senior Member
Ultimately, the state will have to prove she stole the car. If what you say is true and can be corroborated, then they will not be able to prove the auto theft.



- Carl
 
S

seniorjudge

Guest
Q: Yes my question is can police officers from one city tell the manager he can't file charges on a vehicle that isn't reported stolen.

A: Yes.


Q: And then 2 weeks later a detective who wasn't at the scene get an arrest warrant for my mother and her boyfriend for being in a car that was loaned to them by the dealership?

A: Yes.
 

rick d

Junior Member
Thank you for your help.Back in July when the dealership fired me and accused me of stealing thousands of dollars from them that was supposedly locked in an accounting ladies desk instead of in any of the 4 safes there,the
detective apparantly believed the managers word because I wouldn't go give him a statement unless he was going to charge me with a crime.

He said he's been doing this 16 years and if someone will not come down without an attorney he says they are guilty.

I told him I wasn't trying to be uncooperative but this is what my attorney advised me to do.

The detective and the manager have had a hard on for me since then.The manager has accused me of everything short of assassinating president kennedy.

Can I do anything about these 2 people ****ing with me and my family?

Thanks
RickyD.
 

CdwJava

Senior Member
The detective is investigating a criminal allegation. He has a lot of leeway as to what he says and how he says it.

Not, there is nothing you can do to the detective for doing his job. And he has a right to assume that a person is guilty if they don't come down without an attorney. It has nothing to do with guilt or innocence, but he can form that opinion if he wants to ... but, chances are, he's just trying to get you to come in and give a statement so he can close the file out.

If you have the money for an attorney, you might be able to sue the dealer manager for something ... malicious prosecution or whatever. But he has a right to report a criminal allegation, and the police have an obligation to investigate it.

ALl you and your mom can really do at this point is put up a defense if it ever gets to a court room.

- Carl
 

rick d

Junior Member
How does a detective go about proving an elderly lady with multiple sclerosis who was loaned the car by the dealership stole the vehicle?

No broken windows on vehicle,she had the keys and there were at least 3 people present to corroborate the fact they loaned her the vehicle.

Isn't it the dealerships responsibility if they had needed or wanted the vehicle back to contact her and ask?

The manager told 2 officers from another city it was a loaner car and they told him that because it was not reported stolen,they couldn't arrest her for that.

So why does a detective from another city call her and threaten her with an arrest warrant?

And will he even be able to obtain an arrest warrant?

It just seems to me this case is baseless

Any answers would be greatly appreciated

Thank You,
RickyD.
 
S

seniorjudge

Guest
Q: How does a detective go about proving an elderly lady with multiple sclerosis who was loaned the car by the dealership stole the vehicle?

A: By proving that she took it unlawfully or kept it unlawfully. You do not have to be young and in good health to steal.


Q: No broken windows on vehicle,she had the keys and there were at least 3 people present to corroborate the fact they loaned her the vehicle.

A: Irrelevant.


Q: Isn't it the dealerships responsibility if they had needed or wanted the vehicle back to contact her and ask?

A: No.


Q: The manager told 2 officers from another city it was a loaner car and they told him that because it was not reported stolen,they couldn't arrest her for that. So why does a detective from another city call her and threaten her with an arrest warrant?

A: That detective thinks he has jurisdiction over the investigation of a crime.


Q: And will he even be able to obtain an arrest warrant?

A: I do not know.
 
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rick d

Junior Member
Thank you for the response.

What is required to obtain an arrest warrant and would a detective threaten to get an arrest warrant even if he is unable to just to get a person to go give a statement without attorney present?
 
S

seniorjudge

Guest
Q: What is required to obtain an arrest warrant

A: Probable cause to believe a crime has been committed and probable cause to believe that the defendant named in the warrant committed the crime.


Q: and would a detective threaten to get an arrest warrant even if he is unable to just to get a person to go give a statement without attorney present?

A: How could I possibly answer this question?
 

rick d

Junior Member
Thanks,

Bottom line is it seems like this detective is taking it personal that he could not find enough evidence against me 8 months ago when this G.M at this dealership I worked at for 6 years accused me of stealing money from them.They have cameras all over the dealership and the only thing I was guilty of was being the closing manager in a seperate building and the last one to leave and lock up.And there is no way I could have been aware that a lady in accounting had thousands of dollars in her locked office to which I had no key in her locked desk instead of any 1 of 4 safes in the building.

When the officers at the credit union saw a tag was out on the vehicle they came to my mom and 2 hrs later the same G.M showed up insisting this vehicle was stolen,the officers were rolling their eyes at him as he accused me of stealing the money again and that I had 5 drug dealers in his companies cars and if they got a warrant for me they would find his missing vehicles,which is ridiculous.I have never been arrested for anything and have worked since I was 14 years old,and do not have any of his vehicles. The G.M even told the officers that yes this was a loaner car but it was all of the sudden stolen when he realized this was my mother.

And what is even more ridiculous is there were at least 5 people who were present when the used car director loaned my mom this vehicle and told her don't worry about how long the insurance settlement takes,your son has been here 6 years and that is what we have loaner cars for.I just do not understand if a car is not stolen then,how can a different officer who wasn't there all of the sudden say it is.It seems like he is coaching the G.M on what to do to try to tie all of it together to blame me.

And whos decision is it to get an arrest warrant?The detective,the d/a,or a judge?

Thank You,I appreciate the information
RickyD.
 
S

seniorjudge

Guest
Q: And whos decision is it to get an arrest warrant?The detective,the d/a,or a judge?

A: Cops says to DA, "I need a warrant" and explains why. DA says yes or no. If DA says yes, then the DA says to judge, "I need a warrant" and explains why. If judge says yes, then the warrant is issued. If the judge says no, then the warrant is not issued.
 

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