Okay one of my family members took my car over the weekend and left it on the side of the road because it broke down. He took the car with out our consent and when I returned back I thought the car was stolen. So I reported it to the police and made a report. I got the car back and now the person conffessed to taking the car and leaving it. Now I do not want to person to go to jail...however I would like for the person to be on probation for a long time and have to get a job and report for drug testing on a regular basis..the person is only 17 though...i do not know how that would work or if anything can even be done about it. I want to know if anyone knows anything about these kind if instances how the legal action would work.
2007-03-25 14:08:29 · 12 answers · asked by sweetgirl_4rm_texas 1 in Politics & Government ➔ Law Enforcement & Police
this is auto theft and should be handled accordingly. this person is responsible for their own actions, not you.
2007-03-25 14:15:25 · answer #1 · answered by Mon-chu' 7 · 3⤊ 0⤋
Couple things for you to consider. You do get to have some input into the kind of charge filed against your "family members" Grand Theft Auto is a felony. The judge would probably listen to you and might even put the kid on probation. However, the kid is now stuck with a life long criminal record for a felony crime. That means no government job, student loans for college are limited, some elected positions are no longer available, most companies are not going to hire someone with a felony criminal history for any kind of really good job. Unauthorized Use of a Motor Vehicle is a misdemeanor crime. Again the judge would listen to you and might put the kid on probation. The kid still has a life time criminal history record, but at least it is only a misdemeanor and does not carry the consequences of a felony crime.
Of course, you do have to deal with the fallout from the rest of your family over what ever decision you make.
You say the car broke down. Because of the way he drove it? Who's paying for the repairs? Your insurance company, if you filed a claim, might not pay unless a criminal charge is filed.
2007-03-25 16:15:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
well if he took the car without consent then he technically stole the car. so what you did was the right thing by calling the police. but unfortunately what he did is a felony in the state where i live and im pretty sure that Grand Theft is a felony in all the states. so what that means is that he will be charged with Grand Theft and it is up tothe courts to decide what to do with him. but more than likely he will probably be put in prison because like i said it is a felony. the court might take into consideration what you said and that you dont want him to go to prison just put on probation for a long time. but if this person has a criminal record than you can kiss probation goodbye. so basically what i am saying is that it is up to the courts but from the sounds of it id say he might be going to prison hope that helps
2007-03-25 14:32:18 · answer #3 · answered by Andy N 1 · 1⤊ 0⤋
you have already reported it stolen and there is a case on it. Another thing, you cannot choose what kind of sentencing a person gets, that's up to the judge. They might ask you if you wish to press charges or not, but depending on the cirmumstances, they may not even give you that option.
Anyway, good luck and just remember that you should press charges if you get the option to because if not you're basically telling this kid that it's ok to do stuff behind your back. You never know what it could turn into later on down the road.
2007-03-25 14:16:01 · answer #4 · answered by Natalie's Mommy 3 · 1⤊ 0⤋
Even though this person is a family member and 17 they broke the law by taking the car. I work in a juvenile jail and we get kids for that all the time. They get charged with grand theft auto which is a felony. Since this person is 17 they could see jail time in the adult jail. You reported it and they caught them so they have to do the time now.
2007-03-25 21:44:16 · answer #5 · answered by Zeo 4 · 0⤊ 0⤋
well if this person is on drugs then you need to tell the cops about the problem.. would you rather have the person die of a drug overdose or have them spend a little time in jail?? as of the car thing man if u tell the cops he would probly only spend like maybe a month at the most in jail and then when he got out he would have probation and probly comunity service.
2007-03-25 14:14:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Even if it's family it's still considered theft of a motor vehicle. You have already reported it stolen, there is already a case so it's a little late to turn back now. You will have little say over what ever punishment received.
2007-03-25 14:32:07 · answer #7 · answered by Anonymous · 1⤊ 0⤋
In Louisiana it's called Unauthorized Use of a Movable.
Just remember that it can be considered a felony and any conviction will remain on his/her record FOREVER! and if you're in a "3 strikes" state, this would be strike one. If you don't mind that, you can talk to the prosecutor and request suspended sentence in lieu of probation (if this was a first offense situation, he/she would probably get that anyway).
2007-03-25 14:18:48 · answer #8 · answered by Tim the Enchanter 3 · 1⤊ 0⤋
Even if it's a family member, the person who took the car can still be charged with taking the vehicle without permission. (At least in Virginia. YMMV.)
2007-03-25 14:14:11 · answer #9 · answered by catrionn 6 · 0⤊ 0⤋
Usually what happens is one person stops being a jerk and the other does what they had to do but in the long run realizes how much of a pain it is to get your car.
2007-03-25 14:18:09 · answer #10 · answered by Anonymous · 0⤊ 0⤋
You don't want the person charged, but you want the person on probation, well, it can't happen, you have to either file charges or not, and if you do, then its up to the judge what that person will get. Texas info,,,,,,,,,
2007-03-25 14:47:19 · answer #11 · answered by Anonymous · 0⤊ 0⤋