PDA

View Full Version : Laws- Very Interesting Question I need Answered



5speed
05-04-2010, 10:51 PM
Lets say you let someone borrow your vehicle for a time that is supposed to be a couple of hours, but they do not return it. You do not hear from that person for a week. You report your vehicle stolen. After a week has passed the vehicle is in your driveway in the morning. You still haven't had any contact with that person. Is this person still liable for Theft? This is a serious situation. No ones names are being mentioned, and no I didn't loan anybody my vehicle, nor did I take anyone's vehicle.

Echonova
05-04-2010, 11:00 PM
Theft by taking is theft by taking... Whether the item is returned or not. Charges can still be filed.


However, count yourself ~ahem~ I mean your "friend" lucky... A lot of times insurance will not cover a stolen vehicle (or damage done to it) if it is recovered with the keys...

5speed
05-04-2010, 11:05 PM
Theft by taking is theft by taking... Whether the item is returned or not. Charges can still be filed.


However, count yourself ~ahem~ I mean your "friend" lucky... A lot of times insurance will not cover a stolen vehicle (or damage done to it) if it is recovered with the keys...

LOL, it isn't me. It is a relative. Lets just put it this way. This relative was handed keys by the owner. The owner didn't report it until days later. The vehicle was loaned to him on the 28th and wasn't returned until tonight. Keys and everything. No damage to the vehicle or anything. I am wondering if there is a loophole for this.

EG_Ryder
05-04-2010, 11:10 PM
unless the person decides to drop the charges, then this "relative" is in bad shape

5speed
05-04-2010, 11:12 PM
unless the person decides to drop the charges, then this "relative" is in bad shape

That is what I am thinking. I have seen similar situations before where the police couldn't do anything, but it was a different state. I guess nobody believes that it is a relative. Seriously, it's not me. I am not a fucking retard.

Echonova
05-04-2010, 11:20 PM
Seriously, it's not me. I am not that kind of fucking retard of a person.Your sentence structure makes me think otherwise.:ninja:

5speed
05-04-2010, 11:27 PM
Your sentence structure makes me think otherwise.:ninja:

Haha, right now I don't care. Do I need to fix it? ha

silversol
05-04-2010, 11:30 PM
It might not hold up because he was aloud to take the vehicle. But I am sure he can get in some kinda trouble.

5speed
05-04-2010, 11:37 PM
It might not hold up because he was aloud to take the vehicle. But I am sure he can get in some kinda trouble.

That is what I am thinking. I know he could be convicted of theft if it was never returned, or found. In this case it was returned.

Patterson
05-05-2010, 08:00 AM
the car is back so why not let it go and just remember not to next time. or just smack them around a little!

oneSLOWex
05-05-2010, 08:01 AM
I would see how far I could take it just because whoever took the car is a fucking idiot and shit like that is why people are scared to help others.

JeremyEvoX
05-05-2010, 09:50 AM
The law regarding theft by taking states that you have to take property from someone else with the INTENT to deprive that person of the property you took. The owner/police will have to prove your relative intended to keep the vehicle and since your relative returned the vehicle, that would be hard to do. On another note, if the owner of the car knows the name and birthdate of your relative, it's probable that they already have a warrant out for their arrest.

Bacon
05-05-2010, 12:52 PM
Sounds more like theft by deception to me. Tell the people involved to drop it and move on......then go kick his ass.

ISAtlanta300
05-05-2010, 02:55 PM
Me thinks joyriding.......

5speed
05-05-2010, 11:54 PM
The law regarding theft by taking states that you have to take property from someone else with the INTENT to deprive that person of the property you took. The owner/police will have to prove your relative intended to keep the vehicle and since your relative returned the vehicle, that would be hard to do. On another note, if the owner of the car knows the name and birthdate of your relative, it's probable that they already have a warrant out for their arrest.

Too late, the relative is in jail. He went to turn himself in since the investigator came by earlier when I was at the shop getting my catalytic converter replaced. They wouldn't even take him in when he went to the jail/police department. So he came back home, and then they came and got him. WTF?

Bajjani
05-06-2010, 09:03 AM
Did the person who loaned the vehicle ever state that he had to have it back that night? Or did the guy say, hey man can I borrow your vehicle? Yea just bring it back!

That'd be a loophole for you.

Donati03gt
05-06-2010, 09:49 AM
thats what i was thinking the relitive could always use the " he said she said " noone knows the origianl terms of agreement.

Bajjani
05-06-2010, 12:14 PM
If I was them I'd argue, never did the say any requirements or restrictions, they told me to bring it back and I did. The catch is that they never answered their phone so it looks like avoidance.

T.S.
05-06-2010, 02:15 PM
If it is not the relative's property you really have no case to fight back with. He can be charged with theft. Period. He will probably get probation for it and have to do some community service. He returned the vehicle the same way he got it. So no harm no foul. But theft is theft. If he was supposed to just borrow it for a couple hours and then instead he returned it a week or so later then that is theft. Sucks but the cops really cant do much for him once it has been filed stolen. Who knows he might get lucky and get a cool judge and they dismiss the case for him returning it in good shape. Or on the flip side he might get a Judge who is having a bad dad and get max penalty. Best of luck to whom ever it is though. =)