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Is Possession of a stolen vehicle a felony?? Shoplifting, Larceny, Robbery, Theft

Discussion in 'Criminal Charges' started by Lisa lucas, Jul 2, 2019.

  1. mightymoose

    mightymoose Moderator

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    Yes, it is extremely common for the DA to modify the initial charges submitted by the police. For the reasons above, 496 and 487 are very weak under the known circumstances. 496 is the goto charge for the arrest- the only detail the police would have is that the vehicle was reported as stolen and this was the person who had it. The manner in which it was actually obtained will be reviewed later, and it does seem the 10855 fits best, and only because of its 5 day rule. That rule negates any lame excuses that may have been offered for why the vehicle wasn't returned on time.
    I did see a good faith defense in the jury instruction, but it wouldn't fit this scenario.

    I imagine this happens more than I realize, but it is new to me. We hand off just about everything vehicle related, including DUI, to the chippies. They like the stats and we like less paperwork.
     
  2. Highwayman

    Highwayman Well-Known Member

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    In the jurisdictions where I work, if the rental company reports it stolen it is treated as a grand larceny (auto). You can't just take rental cars and not return them..
     
  3. army judge

    army judge Super Moderator

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    These days, my friend, impossible things happen regularly.

    I'd have never thought you could walk across a border, claim asylum, and start receiving $4,700 a month tax free, food stamps, free housing, etc... but its happening with impunity.

    People are puffing green leafy vegetable matter where puffing tobacco products are outlawed, yet they rarely get arrested.

    I am encouraged to learn that your jurisdiction doesn't ignore a thief keeping a rental car beyond the agreed upon return date and treats such misbehavior as a criminal act.
     
  4. Highwayman

    Highwayman Well-Known Member

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    I should have said "legally take"!

    At the very least a person in New York would be charged with Unauthorized Use of a Motor Vehicle if not Grand Larceny.
     
  5. marc pelta

    marc pelta New Member

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    Often times the DA will file it as a felony, hoping to get a misdemeanor guilty plea out of it.
     
  6. marc pelta

    marc pelta New Member

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    Most DA Offices take into account the lack of a criminal record; however, depending upon the county, it could still be filed as a misdemeanor with the DA's goal of obtaining a misdemeanor guilty plea.
     

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