In a grand theft auto charge, if the owner doesn't push the charges, will it stick? 20 Answers as of June 13, 2013

I borrowed my friend's mom's truck and got caught. The police were involved.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Borrowing a friend s mother s truck should be considered a joy ride and not grand theft auto. Once the ?borrowing? is reported to the police and an arrest has been made the case can move forward without the victim pressing charges.
Answer Applies to: California
Replied: 11/1/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
The police will want to go forward with the prosecution if the owner does not show up then they cannot prove the case.
Answer Applies to: Rhode Island
Replied: 10/31/2012
Law office of Robert D. Scott | Robert Scott
The decision to proceed with or dismiss charges lies with the State's Attorney.
Answer Applies to: Maryland
Replied: 10/30/2012
Gates' Law, PLLC | Thomas E. Gates
Yes, they will stick.
Answer Applies to: Washington
Replied: 6/13/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It is not the owner who "presses charges" in a criminal case. It is the State, through the office of the prosecutor. The owner is simply a witness/victim to the commission of a crime. It is up to the prosecutor as to whether the case will go forward.
Answer Applies to: Washington
Replied: 10/30/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Once the police are involved, the prosecutor can make the charge.
    Answer Applies to: Michigan
    Replied: 10/30/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Pursuing the charges is not up to the owner once the police get involved. It is now in the hands of the state.
    Answer Applies to: Georgia
    Replied: 10/30/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The state can prosecute a case without the victim "pushing the charges". The victim's stated desire not to pursue charges may, however, affect the desire of the state to pursue charges. It is also possible that a victim will realize that no crime was committed and communicate this information to the prosecution. The prosecutor then knows that he/she cannot depend upon the "victim" testifying at trial in a manner helpful to the state.
    Answer Applies to: Minnesota
    Replied: 10/30/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    In this situation, if you have an attorney, there is a good chance that DA will not proceed.
    Answer Applies to: California
    Replied: 10/30/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well that depends on whether the owner cooperates with the police or not.
    Answer Applies to: Michigan
    Replied: 10/30/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Owner had to phone police to report stolen vehicle. She probably knows that she did not give anyone permission. She probably will also testify in court that no one had permission. However, If she is willing to ignore her subpoena and face jail for you, then the charges maybe dismissed.
    Answer Applies to: Georgia
    Replied: 10/30/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Borrowing implies that you had consent to take the truck. If you did not, even taking it temporarily amounts to grand theft, for which you can be prosecuted. Hire an attorney.
    Answer Applies to: Florida
    Replied: 10/30/2012
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Once you are arrested for grand theft auto it is no longer up to the alleged victim to prosecute you. You are being prosecuted by the county prosecutor and it is up them and only them to decide whether to prosecute you for the crime. Your defense lawyer can obtain a letter from the alleged victim stating his position and that could influence the prosecutors decision. However, it is not up to the owner to drop charges.
    Answer Applies to: California
    Replied: 10/30/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The prosecuting attorney is the only authority who can file and dismiss charges in Washington. Therefore, the vehicle owner is only a witness and a victim. It is up to the prosecutor to press or drop charges.
    Answer Applies to: Washington
    Replied: 10/30/2012
    Law Office of Stephen Barker | Stephen Barker
    Unfortunately, it may. The case is People v. Defendant. If the owner says she doesn't want to prosecute before the police send a warrant request to the prosecutor, they may just drop the case. An attorney may be able to convince the officer in charge to do so.
    Answer Applies to: Michigan
    Replied: 10/30/2012
    Rodriguez & Sanabria, PLLC
    Rodriguez & Sanabria, PLLC | Dagoberto Rodriguez
    It can make a difference when it comes to sentencing. However, in reality, it does not make a difference whether or not the owner wants to pursue or drop the charges. That is because only the prosecution can drop the charges against you.
    Answer Applies to: Virginia
    Replied: 10/30/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Sometimes it helps when the owner does not want prosecution, sometimes it doesn't. It's up to the DA, how strong they think the evidence is. Usually the person's record plays a major role in the DA's decision to go forward with the case or not.
    Answer Applies to: California
    Replied: 10/30/2012
    Attorney at Law | Michael P. Vollandt
    Probably not. If you "borrowed" the car without permission but intended to return it to the owner then in California that is a violation of VC 10851 (Joy Ride). The DA may prosecute or they may not.
    Answer Applies to: California
    Replied: 10/30/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Sadly the owner does not have to press charges to make it a crime. You need to get a lawyer to help, unless you want to have a serious charge on your record and no way to get good work.
    Answer Applies to: Nebraska
    Replied: 10/30/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Whether the owner wants to go ahead is irrelevant, Prosecutors charge based on whether they can prove the case, not on how the victim feels.
    Answer Applies to: California
    Replied: 10/30/2012
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