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Parked my truck at a friends

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robsqueen2715

New member
What is the name of your state? California

I was arrested on june 5th 2018 for possession of a stolen vehicle PC496 D. The problem is I never reported it stolen. I have title paperwork from a law suit I won because the person I bought it from did not tell me it was a salvage Title I also have the documents from CHP when I had to take it to get a new VIN number. The back ground to this is I did have a contract with a friend he was going to buy it. he made one payment. then he broke contract. I sold him my 92 gmc because my 94 gmc need work and I worried about him braking down with his wife that is handicap and is wheelchaired. He broke the contract when he did not make the next payment. I gave him most of april to make payment, he did not do so so I felt out reg119 there DMV. which was me repoing it. I got it bake april 25th 2018. May 9 2018 i had asked a friend if I could park it at his house I was in the middle of movie The truck need to be worked on and fixed. It was agreed that the truck was not to be driven or anything do to the tags needed to be paid and insured and please that fact that I needed to work on the truck. June 2 @ 2018 I was driving down the road it was on a public road. it was over 3 miles from my friends house so I got in it and drove it to my home.
That is when a couple days later the sheriff showed up asked my wife about our the vehicles she said they belong to us and would get pink slips and paperwork if needed. they said yes, I walk out side and they tell me my truck has been reported stolen I told them its not its right here. Then he asked if I had ever sold it. I told him the truth and told him who it was and had all paper work for that. and under california civil code2981 (2017) Conditional sale contract, I did not brake any laws. It would be a civil matter. But the officer placed me under arrest and before putting me in the car searched me and added HS 11364 and HS 11377. My wife came out with all documents
one officer threatened to arrest her if she didn't give them the pink slip. my wife never being trouble did with her being able to take pictures of front and back while officer held it. Then the gentle man that had made the report came to my house. he told the officer that I was not the person he bought it from. the officer then a loud him to take my truck with no prove that it was his.
My wife went to the guys house he let her take pictures of the bill of sale and everything and my so called friend is the one who had sold it i did not give him permission to do this. and the bill of sale did not have my name on it he had sold it twice in a week and a half. the bill of sale did not have a plate number vin number or color or year on it. So don't know how he reported it stolen. The Officer got a warrant for probable cause but in the declaration he put the license plate number to my wifes car not the truck. he did not submit ny supporting documents with it. he then got on stand and lied to the judge there has not been a stolen report o my truck I have dmv print out and ll reports but no stolen report. The da will not drop the case even though everything has been kept document. the cops would not have ever been at my house if don't for the false report if they would have done their job right all info would come back it was mine they should be looking into the so called friend. they would not have searched me nd the other charges would be her. what can I do. I have had 3 court pointed lawyers The last one i fired because he wouldn't even talk to me. so now the judge says I have to hire one or do it my self I can't afford to hire one so i'm on my own what can I do please help
 

justalayman

Senior Member
Hard to read all that


there is apparently something missing though. For some reason it would appear the state believes your friend had a lawful right to sell the truck. If he didn’t, I don’t understand why this has taken nearly a year so far to settle.

Why does the state believe your friend had a lawful right to sell the truck?
 

FlyingRon

Senior Member
You need a lawyer. You have two issues:

First is whether the officer had probable cause to make the arrest. It's hard to tell here. But if someone who appears to be an owner (even if the ownership is in question) makes a report of a stolen vehicle, there may be PC. Of course, it may get later worked out in court.

THe problem is that IF the arrest was valid, then EVEN if you are found innocent of the theft charge, the drug arrest will be hard to challenge.

In order to challenge the evidence of the drugs, you'll have to show the officer lacked cause to make the arrest and the ensuing search.

Then the issue of who actually owns these vehicles is a civil matter you may also need (perhaps a different) attorney for.
 

justalayman

Senior Member
And what does all of your discussion of you selling the truck and repossessing it have to do with anything? I don’t see any relevance but based on your detail, I’m guessing somewhere along the line it plays into the situation somehow.
 

robsqueen2715

New member
Hard to read all that


there is apparently something missing though. For some reason it would appear the state believes your friend had a lawful right to sell the truck. If he didn’t, I don’t understand why this has taken nearly a year so far to settle.

Why does the state believe your friend had a lawful right to sell the truck?
They have not talk to the friend at all. I went to the The D.A who is handling my case when I took over for myself to talk with him and to see why he is still trying to continue with the case. I came with the pictures of the title in my name the contract from the gentleman I did sell it to, the documents filed with Dmv when I repo it from him. The pictures of the bill of sales that the gentle man had that does not have my name on any of them. I also had in had what is a bill of sale to DMV for it to be legal. And I showed him a copy of the procedure's the sheriff department is to follow when taking the report on a stolen vehicle which none of the officer followed. The D.A asked where I got the pictures of the bill of sales because he didn't have those and didn't have the pictures of the title. But offered be 90 in jail on the other charges and would drop the truck. But if not for the lies from the sheriff department which they put in the report they over herd a detainee who was being arrest at the time on 4 felony charges, was asked about my truck and he said he heard of a guy selling a truck and taking it back. One this detainee don't know what he is talking about just stories around a small town. and if the officer checked into it they would see that the plates and truck came back to me. no report can be found of the vehicle being stolen. D.A said they have the call out but that is not a report. when reported they have to have a vin number, plate number, or engine number to be able to but it in the system the it goes to the department of justice and then to DMV to put a hold on the paper work. none of that was done. I have even been in contact with the department of justice they have no record had a hard copy record has to be kept for 4 years. My wife has made sure that I do everything right I am an Ex felon I have been out of trouble for over ten years. My wife has never been in trouble. But because of my past they jump the gun. I was a teenager when i did what I did I got out when I was 28, 29 years ago. And I have done good at staying out of trouble tell that day and it seems like the DA is out to get me. but this friend that sold my truck has 6 felony charges in the last year and a half for PC 496 D (A) stolen vehicles and for fraud for selling vehicles that don't belong to him. I don't understand california laws I'm from Michigan
 

robsqueen2715

New member
And what does all of your discussion of you selling the truck and repossessing it have to do with anything? I don’t see any relevance but based on your detail, I’m guessing somewhere along the line it plays into the situation somehow.
Exactly, I don't get it either. But because a detainee said he heard of a guy selling a truck then taking it back that is what the officers but the their report and the DA put in their statement of facts. but none of that has to do with my so called friend selling my truck that didn't have the right too.
 

justalayman

Senior Member
Honestly your situation doesn’t make a lot of sense. It suggests policy and procedure are simply nonexistent which is highly unlikely. Barring that there is something you are misunderstanding or simoly aren’t aware of in the time leading to your arrest. You really need a lawyer to advocate for you. As it stands it appears you will get run over.

The fact you have had three appointed lawyers and the courts refuse to assign a fourth shows a lot of problems in itself. You obviously need to find a way to pay for one at this point.
 

robsqueen2715

New member
You need a lawyer. You have two issues:

First is whether the officer had probable cause to make the arrest. It's hard to tell here. But if someone who appears to be an owner (even if the ownership is in question) makes a report of a stolen vehicle, there may be PC. Of course, it may get later worked out in court.

THe problem is that IF the arrest was valid, then EVEN if you are found innocent of the theft charge, the drug arrest will be hard to challenge.

In order to challenge the evidence of the drugs, you'll have to show the officer lacked cause to make the arrest and the ensuing search.

Then the issue of who actually owns these vehicles is a civil matter you may also need (perhaps a different) attorney for.
I get all that and I have filed complaint with the department about the officer and I got the print out of what the guide lines are for them to talk a report and enter it in the stolen vehicle system. and under CA.CODE DIV. 3 CH 2.5 MISC TITLE PROVISIONS. ACT 1 OF TITLE AS EVIDENCE 6150 IN ANY CRIMINAL PROCEEDING IN WHICH OWNERSHIP POSSESSION OR USE OF MOTOR VEHICLE IS AN ISSUE, A COPY CERTIFIED BY DMV AS ITS RECORDED OWNER OF TITLE ON-FILE AS EVIDENCE. i PROVIDED this to the officer will my wife did and one officer told her they need t take it as evidence, she asked why they couldn't take a picture because that was our proof i owned it. they then told her they would call cps on our son and arrest her to so she had the officer hold it while she too pictures. And now the title is missing and more or less the officers help the guy steal the truck from me. they would not talk my report on my truck. the guy has know put it in his name and how I don't know because I didn't sign anything and my first two lawyers had to step down do to them representing people involved in this case and both them tried to have it dropped as they stepped down it was my last lawyer who couldn't even write out a motion right
 

CdwJava

Senior Member
I'm taking a wild guess that you have not received and read a copy of the arrest report, yet? If you have, some of these questions - such as WHY they thought it was arrested and why you were arrested - should have been a bit clearer.

It's hard for me to decipher what you're trying to relate, but, this sounds as if there might be an underlying case of embezzlement or fraud that led to the determination of theft and eventually the possession of stolen property. As others have said, it's problematic if you have gone through three assigned defense attorney. Could that problem be you? Might you be difficult to work with? If the matter were as simple as you seem to think it is, it should have been no problem for any of those three to resolve the issue by clearing the SNAFU up. You I suspect that there is more to this than you grasp, or, that you have yet to relate here.

But, as flyingron advised, you really need an attorney on this. Clearly you are not going to be able to handle the matter effectively, pro se.
 

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