It is an easily imaginable scenario. A parent or grandparent is out of town, so one of the kids takes the car out for a ride. The parents, trying to teach the kids a lesson, decide to call the cops and report that their kid has taken their car without their permission. Whereas many parents may expect their kids to get a stern talking to, instead a scenario like this can end in felony charges of theft from a motor vehicle, and misdemeanor charges of unauthorized use levied against their kids. The parents say to drop the charges, but unfortunately its out of their hands. The prosecuting attorney may not want to drop the charges depending on the person’s being charged history and the scenario under which this all occurred.
If something like this happens to you, it’s important to remember a few things. First, its up to the Commonwealth on whether to pursue criminal charges against a person. It’s a common misconception that individual victims have the ability to press or drop charges. Instead, once a crime has been reported, the discretion is fully within the District Attorney’s office of whether to pursue criminal charges or not, regardless of whether they are desired by the victim. Also, theft of a motor vehicle and unauthorized use vary on one important element, and that is whether the person who took the car intended to return it or not. In the case of your standard joy ride or trip to see their friends, the intent to keep the car permanently probably does not exist, and the unauthorized use of a motor vehicle statute is probably the most suitable charge for this case.
In cases like these, its all about testimony, and how the case is presented to the prosecuting attorney and judge. To those with a significant prior history of misconduct, the district attorney’s office may ultimately end up pursuing serious felony charges for significant punishment or jail time. That’s why its important that you have an attorney who understands your side of the story, and can present your side effectively in a court of law and in negotiations with the Commonwealth.
Attorney Frank Walker has the experience to help in your time of need. With Attorney Walker at your side, you can get the charges significantly reduced, and potentially ultimately dismissed. When things get serious, you need a serious attorney. Call Frank Walker today.
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense, Super Lawyer and qualified as a Pennsylvania Death Penalty Defense Attorney.
If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation following a serious accident or injury.