Shoplifting, Larceny, Robbery, Theft arrested under a false police report.

[missingxtension]

I was arrested on the 5th of January when i was repoing a car.
I was doing it for a small car lot, the problem came about when we got to the car. The car had a chip in the key that needs to be programed at the dealer. So i could not start the car, i would have to pull it. Since i was less than 5 minutes away from the shop, i decided to pull it with a tow strap.
So we found the car, pulled it out in front of the house. Started calling to report the repo while i was straping it. I had the number wrong by one number. 214-774-4444 instead of 214-744-4444. Long story short, the police came out 25 minutes later by that time i had already contacted the car lot that i was repoing the car and that the number he gave me was incorrect. So when the police came over and arrested me and my brother, they arrested us for theft. It turned out that Person behind on payments told a sergeant on the phone that he had already finished paying the car. That is not true, he is still 2 months behind. We did not have any paperwork because my brother had changed jackets because it was really cold and he didn't bring them along in the new jacket. The police didn't want to confirm the information we were giving them by calling in to the car lot. They would have gotten the papers withing 5-10 minutes, if they had.
The owner of the lot went to the police station the same day to get the charges dropped but was just hassled around.

I want to know if i can file charges on the person who lied to the police under filing a false police report, and of course pursue a small claims for the car impounding and bond fees incurred by me. I know I made a mistake too so i wont give him all the blame. But at least he should pay for his criminal police report. Its been 5 days and i still cant get the charges dropped.

If anyone wants to take my case, you can call me at 214-810-2282

ps. I also have a previous conviction for a state felony theft, it was a deferred that went sour after I was arrested for tickets.

 

[CdwJava]

You can always try to sue the person who made the report to the police, but unless they admit to the lie I doubt it will go very far. The argument tends to be,"Well, I thought I was good on my payments.

the fact that you did not have proper documentation for the repossession is your bad, no one else's.

You can consult an attorney about suing the complaining party, but if they have not got the money to pay for their car, do you really think they would have the money to pay your attorney's fees and impound fees if you were to win?

 

[fredrikklaw]

Oh, the Lone Star!

I don't mean any disrespect to your state at all, but what is it with Texas and its draconian criminal statutes? It is the only state in the Union where deadly force can be used in defense of property! But from the information you have given here, this is just a case of awful policing; absolutely mindless and unnecessary.

Regardless of jurisdiction, when an officer makes an arrest by putting the cuffs on and recites Miranda, that is it; he does not have the power to undo the arrest and so the next stop for the suspect is jail and then arraignment. Only the city attorney (misdemeanor cases) or the district attorney (felony cases) can dismiss charges and only a judge can order release of suspects. So, don't waste your time with the police.

And not that it matters a whole lot (and I shall give reason next), but the charge that is levied against you is non grata and absurd in and of itself. Theft of what and is that theft Grand or Petty and why are you not being charged with G.T.A. since the item thieved was a car?

But as I said earlier, it matters not a sausage because you will find when you appear for arraignment that the case has been either dismissed (at best) or (at worst) you will be given a one page letter by a sour looking junior D.A. lackey containing even more sour standard D.A. lingo informing you that no criminal complaint has been filed against you at this time, and that they can do so at any time within the next calendar year should they get the urge. That will be euphemism for "we read the case info and there is nothing here we can sink our teeth into." And you are out of there.

But don't hold your breath waiting for either the police or the D.A. to (God forbid) do the right thing here by arresting the car owner and run him through for filing a false report. You have to be aggressive and proactive and do it yourself by going down to the D.A.'s office and filing a criminal complaint. If they see there is criminal culpability, then an arrest warrant will issue and car owner arrested and dealt with accordingly.

But my money would be on the police to do the right thing here and I think they will because they don't like their time wasted or being duped into playing valet and recovering cars. But regardless of whether criminal proceedings are brought against the car owner, your option to bring civil suit against him will remain intact.

One final point; I can understand your concern about the whole thing, but before you rush out and hire a attorney outright (which I am positive you will not need), do a few one-hour consults with different defense attorneys to get feel for the legal caliber you want in your corner. Nothing is going to happen from now until arraignment, anyways.

It is easier said than done, I know, but from what you have said here, there is no need to worry.

fredrikklaw

 

[army judge]

I was arrested on the 5th of January when i was repoing a car.
I was doing it for a small car lot, the problem came about when we got to the car. The car had a chip in the key that needs to be programed at the dealer. So i could not start the car, i would have to pull it. Since i was less than 5 minutes away from the shop, i decided to pull it with a tow strap.
So we found the car, pulled it out in front of the house. Started calling to report the repo while i was straping it. I had the number wrong by one number. 214-774-4444 instead of 214-744-4444. Long story short, the police came out 25 minutes later by that time i had already contacted the car lot that i was repoing the car and that the number he gave me was incorrect. So when the police came over and arrested me and my brother, they arrested us for theft. It turned out that Person behind on payments told a sergeant on the phone that he had already finished paying the car. That is not true, he is still 2 months behind. We did not have any paperwork because my brother had changed jackets because it was really cold and he didn't bring them along in the new jacket. The police didn't want to confirm the information we were giving them by calling in to the car lot. They would have gotten the papers withing 5-10 minutes, if they had.
The owner of the lot went to the police station the same day to get the charges dropped but was just hassled around.

I want to know if i can file charges on the person who lied to the police under filing a false police report, and of course pursue a small claims for the car impounding and bond fees incurred by me. I know I made a mistake too so i wont give him all the blame. But at least he should pay for his criminal police report. Its been 5 days and i still cant get the charges dropped.

If anyone wants to take my case, you can call me at 214-810-2282

ps. I also have a previous conviction for a state felony theft, it was a deferred that went sour after I was arrested for tickets.

_______________________________________________________
You tell a tortured tale of woes.

With that prior conviction somewhat similar to the instant matter that might have precipitated your recent arrest.

You might have a cause of action against the person that filed the police report.

However, proving the reporting person did not possess good faith when making the report might amount to what some term a "shouting" contest. At any rate, yours would be a civil action for maliscious prosecution, not for filing a false police report. You can instigate such an action against the alleged transgressor by speaking with your local county attorney.

However, you stand to gain nothing financially by such an action. A civil action might be prohibitive with attorney's fees. Your might try small claims and action for malicious prosecution. In Texas, you can sue in small claims for up to $10,000 in damages.

# Statues: Texas Government Code, Title 2, Subtitle A, Ch. 28, Sections 001-055; Texas Rules of Civil Procedure, Part V, Rules of Practice for Justice Courts, Rules 523 through 591.
# Dollar Limit: $10,000.
# Where To Sue: County where defendant resides. For contract suits, where performance is expected.
# Service: By sheriff, constable, or court-approved disinterested adult (over 18 years of age). Service by certified or registered mail, along with notice by publication, by clerk of court.
# Hearing Date: Set by court.
# Attorneys: Allowed.
# Transfer: Defendant may file a written motion to transfer as provided by the rules governing Justice Courts.
# Appeals: By either side for new trial, if amount in controversy exceeds $250; as provided by the rules governing Justice Courts.
# Special Provisions: No equitable relief. Jury trial available if requested at least one day before trial.

If you persist in the 'repo' business, I'd advise contacting a successful agent. Volunteer to work with him/her and learn the ropes from a successful and respected businessperson. Not everyone can do that job, make money, and stay out of legal jeopardy. But, most importantly avoid being shot by Bubba or Giant Jimmy at 2:00 am!

As of February 2009, only three states license and monitor repossession agents: Florida, Louisiana and California.

 

[missingxtension]

"In Texas, you can sue in small claims for up to $10,000 in damages."

Whoa, i don't want to torture the guy, bail and impound fees would be sufficient. Even though it might cost me my fiance, But there are underlying reasons for that too. Potentially my freedom too.

"As of February 2009, only three states license and monitor repossession agents: Florida, Louisiana and California."

I was barely coming to the same conclusion, since there are barely any enforceable towing laws. It didn't help any that the police were humiliating me either (there was like 10 of them). They would laugh out loud, take turns poking fun, and their favorite punchline was "Operation Repo". They also threatened to charge me for not having a repo license? They kept asking, "where's your license(to repo)".They embodied professionalism. :joke: :joke::joke::joke: On the ride, the lady officer pulled up to the other car on a light, then she burped really loud when they both rolled down the window. When we got to the police station her partner was talking about how he wished someone would have swung at him so he could beat em up. I told him "he was the next Rodney King waiting to happen" his reply was that another Dallas police officer had done worse and that was his new standard. Then the lady officer told me king was high on crack when that happened, but his toxicity levels proved otherwise. He also said "this is Dallas PD the DA hates us.

They were also talking about how happy they were that an arrest made at 12:30am would take up the rest of their shift that ended at 4am.

 

[missingxtension]

Charges were dropped

Of course the charges are now dropped. It took a long time but the DA finally told my lawyer they would remove all pending charges if we could get an affidavit. They did not want the paperwork (which the DA already had). So basically it came down to this.
The DA wanted to see if they could plea bargain with me. I told my lawyer to let the DA know this was going to trial if the charges were not dropped. My lawyer told me that the best he was expecting was a trespassing and unsupervised probation. So this last week we went to court and what do you know. It turns out my brothers lawyer pressured the DA and the charges are dropped. I though it was my lawyer, but when my brother talked with his lawyer. They were trying to get a hold of him already, to let him know.
The moral of the story, don't let lazy police and DA work get you bargaining.

As for my previous conviction, well. I was being charged with attempted theft, my court appointment told me "If you plead guilty to a deferred judification you can leave the jail this afternoon". So I signed when I was a minor. I didn't even bother fighting a case I would have easily won, part of the deal was to testify against the other person with me. Well I never testified either because he bargained out of court too.
Fast forward 3 years latter, I was arrested for traffic tickets. I cant report for probation and get a revocation. Back when it was only 50 dollars a day for tickets. I spent so long in jail paying tickets that for some reason i got a bond forfeiture from pretrial release ($50,000 for a 3 year old case) and when i got to county jail they just gave me time served for everything and dropped forfeiture. I came out and I never knew that I failed to complete deferred judification until about last year when I was inquiring about expunging my record.

 

[army judge]

Good for you.

I suspect many people plea to end their nightmare.

I often wonder what would happen if people kept their mouths shut, plead not guilty, asked for (or hired) an attorney, refused the rotten deals from the persecutors, and went to trial.

I believe things would change. Defendants would get justice.

Good for you. I'm glad you're free!

 

[jerryvermoney]

Very Unlucky i would say