In a grand theft auto charge, if the owner doesn't push the charges, will it stick? - Criminal Defense Law Questions and Answers- LawQA.com

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In a grand theft auto charge, if the owner doesn't push the charges, will it stick?

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

Law Office of Eric Sterkenburg
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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: 10/30/2012

Answer By Mark L. Smith
Law Offices of Mark L. Smith
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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: 10/30/2012

Answer By Robert Scott

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The decision to proceed with or dismiss charges lies with the State's Attorney.

Answer Applies to: Maryland
Replied: 10/30/2012

Answer By Thomas E. Gates

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Yes, they will stick.

Answer Applies to: Washington
Replied: 10/30/2012

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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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


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Once the police are involved, the prosecutor can make the charge.

Answer Applies to: Michigan
Replied: 10/30/2012


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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
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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
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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
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Well that depends on whether the owner cooperates with the police or not.

Answer Applies to: Michigan
Replied: 10/30/2012

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