Stolen vehicle...

[thyme4change]

Or, the cops arrest him, she gets her car back and she drops the charges and everyone moves on.

[swamp]

Mar 5, 2013 11:31:09 GMT -5 ArchietheDragon said:

Mar 5, 2013 11:29:46 GMT -5 swamp said:

They have a sworn statement from the owner that she revoked the permission.  It became theft when she withdrew the permission to use the car.    You can let someone use something, but it doesn't mean they can have it forever. 

So the cops arrest him and then it is up to the court system to determine whether he knew that permission was withdrawn?

yes. 

[Deleted]

Mar 5, 2013 11:32:03 GMT -5 swamp said:

Mar 5, 2013 11:31:09 GMT -5 ArchietheDragon said:

So the cops arrest him and then it is up to the court system to determine whether he knew that permission was withdrawn?

yes. 

Thanks.

[swamp]

Mar 5, 2013 11:31:51 GMT -5 thyme4change said:

Or, the cops arrest him, she gets her car back and she drops the charges and everyone moves on.

It's up to the DA to drop the charges.   They can be pricks and refuse to drop the charges.

[Deleted]

Mar 5, 2013 11:32:38 GMT -5 swamp said:

Mar 5, 2013 11:31:51 GMT -5 thyme4change said:

Or, the cops arrest him, she gets her car back and she drops the charges and everyone moves on.

It's up to the DA to drop the charges.   They can be pricks and refuse to drop the charges.

but it is no up to the DA to bring the charges in the first place?

[swamp]

Mar 5, 2013 11:33:42 GMT -5 ArchietheDragon said:

Mar 5, 2013 11:32:38 GMT -5 swamp said:

It's up to the DA to drop the charges.   They can be pricks and refuse to drop the charges.

but it is no up to the DA to bring the charges in the first place?

Here, the cops arrest and bring the file to the DA, so the cops decide what to charge someone with.  The DA can amend charges as fit, though.  Drug busts and sex abuse cases are often reviewed by the DA first and then presented to grand jury, so no cop arrest.

In NYC, though, I think the cops bring the arrest info to the DA and the DA draws up the arresting paper work.   That's based on my friends who have been ADA's in NYC. 

[hoops902]

::It became theft when she withdrew the permission to use the car. ::

I think the question is, how do you prove you revoked the pemission?  What, if anything, stops someone in her shoes from just saying to herself "I don't like him anymore, i'm not going to tell him to return the car, I'm just going to report it stolen to the police even though I've never indicated to him that I want the car back".

[Deleted]

Mar 5, 2013 11:35:41 GMT -5 swamp said:

Mar 5, 2013 11:33:42 GMT -5 ArchietheDragon said:

but it is no up to the DA to bring the charges in the first place?

Here, the cops arrest and bring the file to the DA, so the cops decide what to charge someone with.  The DA can amend charges as fit, though.  Drug busts and sex abuse cases are often reviewed by the DA first and then presented to grand jury, so no cop arrest.

In NYC, though, I think the cops bring the arrest info to the DA and the DA draws up the arresting paper work.   That's based on my friends who have been ADA's in NYC. 

Muy interasante. 

[swamp]

Mar 5, 2013 11:35:45 GMT -5 hoops902 said:

::It became theft when she withdrew the permission to use the car. ::

I think the question is, how do you prove you revoked the pemission?  What, if anything, stops someone in her shoes from just saying to herself "I don't like him anymore, i'm not going to tell him to return the car, I'm just going to report it stolen to the police even though I've never indicated to him that I want the car back".

She gave a sworn statement stating she did.  It becomes a question of fact for the jury to resolve. 

Yes, you can have someone arrested just on a sworn statement.   And nothing stops someone from lying to the police, except the threat of being charged yourself it you're found out. 

[thyme4change]

I think the question is, how do you prove you revoked the pemission?

I really like archie's idea of sending a certified letter asking for the car back.  I would also send a couple of emails and text messages, as well as leave a few phone messages.  That way, you can show that you sent the messages.  Sure, he can claim he didn't get them, or whatever, but it will help if he is sitting in front of the jury and lying under oath that he didn't get a certified letter, 2 text messages, 6 emails and 4 phone messages - and you can back up that a certified letter was sent, text messages were sent, emails were sent and phone calls were made.[/span]

[Deleted]

Aww - he's probably scared he'll have to take the bus if his Range Rover gets taken away and his GF will him.

Who has custody of the kid?  Is he using the car to transport the baby?

[greeniis10]

I understand the laws if you loan something to "someone" and then if they don't return it to you it can be reported as stolen, but isn't it different with a spouse?  Even if they are only separated (still legally married)?  Or maybe not because this applies to NY and state rules are different there?  Curious because my experience years ago with an ex and a vehicle was vastly different... (different state, of course)

[swamp]

Mar 5, 2013 15:16:47 GMT -5 greeniis10 said:

I understand the laws if you loan something to "someone" and then if they don't return it to you it can be reported as stolen, but isn't it different with a spouse?  Even if they are only separated (still legally married)?  Or maybe not because this applies to NY and state rules are different there?  Curious because my experience years ago with an ex and a vehicle was vastly different... (different state, of course)

I think this is the MIL's car..............

[greeniis10]

Ooooh, gotcha.  Reading fail on my part...  Thank you!

[973beachbum]

Mar 5, 2013 11:35:45 GMT -5 hoops902 said:

::It became theft when she withdrew the permission to use the car. ::

I think the question is, how do you prove you revoked the pemission?  What, if anything, stops someone in her shoes from just saying to herself "I don't like him anymore, i'm not going to tell him to return the car, I'm just going to report it stolen to the police even though I've never indicated to him that I want the car back".

My first thought, as a former car salesperson, is was the car really the aunt's or was this a straw deal?  Just because the three cars in our driveway are in my name doesn't mean that DH isn't also a rightful owner even though his name isn't on them.

[swamp]

Mar 5, 2013 16:02:53 GMT -5 973beachbum said:

Mar 5, 2013 11:35:45 GMT -5 hoops902 said:

::It became theft when she withdrew the permission to use the car. ::

I think the question is, how do you prove you revoked the pemission?  What, if anything, stops someone in her shoes from just saying to herself "I don't like him anymore, i'm not going to tell him to return the car, I'm just going to report it stolen to the police even though I've never indicated to him that I want the car back".

My first thought, as a former car salesperson, is was the car really the aunt's or was this a straw deal?  Just because the three cars in our driveway are in my name doesn't mean that DH isn't also a rightful owner even though his name isn't on them.

Married couples is a little different.  If MIL's car is on the title, it's hers.  I don't care who paid for it. 

[973beachbum]

Mar 5, 2013 16:04:15 GMT -5 swamp said:

Mar 5, 2013 16:02:53 GMT -5 973beachbum said:

My first thought, as a former car salesperson, is was the car really the aunt's or was this a straw deal?  Just because the three cars in our driveway are in my name doesn't mean that DH isn't also a rightful owner even though his name isn't on them.

Married couples is a little different.  If MIL's car is on the title, it's hers.  I don't care who paid for it. 

I saw a whole lot of straw deal that weren't married.  I can see why the police wouldn't want to get involved. 

and I still have the name I was born with so no one would know DH isn't some passing stranger.    That hasn't left for 30 years.

[Deleted]

While the mother is on a stupid spending spree and the dad is refusing to return the car, not showing the kid to his mom, it is all hurting the poor kid. Tell them to get their heads out of their asses. Tell the douche to get a job. Tell the mom to get treatment and stop spending his kid's past/present and future on crap! Seriously, I don't know how you do it! And congratulations to you on breaking that cycle!