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Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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My son-in-law attends college in Oregon. He is

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My son-in-law attends college in Oregon. He is from New Jersey. He has been using a car in his stepfather''s name while in Oregon that is registered in NJ. (although not germain to the issue the vehicle actually belongs to my son-in-law). The stepfather gave him permission to use the car. Now to punish him he has allowed the registration to expire and canceled the insurance. In addition he called the local police in Oregon. They say if the car is not returned to his stepfather, he will be arrested for a felony. If there has been no formal complaint filed in Oregon can they do what they say?? The only way to return the car would be by "shipping" at $ 1,500. He is a student with a child and does not have anywhere near that amount he can spend.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Moe Manser replied 6 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Could you explain your situation a little more?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Who is the owner of the vehicle on the title?
Is there a written agreement giving permission for your son to use the vehicle.

Regards,
Moe
Customer: replied 6 years ago.
Car with son-in-law at school in Oregon. Stepfather angered at him so called the Corvallis Oregon police who advised my son-in-law he would be arrested by him if car not returned to New Jersey within 30 days. Owner on title is stepfather. Car has NJ plates. It appears the stepfather has ONLY made a phone contact (fax) from NJ to Corvallis. Real question is "Can my son-in-law be arrested in Oregon for a matter that involves New Jersey? There is no written agreement
Expert:  Moe Manser replied 6 years ago.
DearCustomerbr />
If charges have been filed against your son, Yes he can be arrested and charged with a felony count of Theft. Since the vehicle belongs to the step dad, he can request the vehicle to be returned. It does not matter if he's in Oregon or New Jersey, the complaint is valid either way. If he had a written agreement to use the vehicle, the step dad's complaint can not be processed as a theft complaint.

Regards,
Moe

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . FEEDBACK is appreciated as is a bonus. Thanks Moe
Customer: replied 6 years ago.
Reply to Moe Manser's Post: There is no FORMAL complaint. How can someone simply call another state and have someone arrested? How do the police verify the circumstances without a formal complaint. If arrested, how can he be tried for a non-formal complaint and how can he defend himself in Oregon with a NJ complaint. I am going to accept the answer and if necessary will pay an additional amount to continue asking questions.
Expert:  Moe Manser replied 6 years ago.
DearCustomerbr />
If no formal complaint has been filed, then they have no authority to arrest him. There has to be a formal complaint filed either in New Jersey or Oregon.

Regards,
Moe
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience: President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
Moe Manser and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
A formal complaint that originates in NJ can be sent to Oregon followed by an arrest? Son-in-law wants to return car but Registration expired and insurance has been canceled. How can he comply with request as he is a student with a baby and wife
Expert:  Moe Manser replied 6 years ago.
DearCustomerbr />
Yes a formal complaint that originates from New Jersey can be picked up in Oregon. Once someone files a complaint it obviously has to go through the investigative process. If the police believe there is enough probable cause and the complaint is accurate, they can forward the complaint to the prosecutor, who then decides either to prosecute or not. If the prosecutor decides to prosecute, an arrest warrant will be issued and stored in the national police database around the country (NCIC). In you son's case it's very unlikely that a prosecutor will go forward with the prosecution if your son agreed to return the vehicle. The best thing for your kid to do is write a notarized letter and have it sent to the step dad (certified mail ) explaining to him his intention of return the vehicle, but due to the current obstacles he is unable. (No money for shipping, unable to drive it back due to the lack of insurance and registration) This will most likely help him, if this situation ever gets to the prosecution stages.


Regards,
Moe

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Moe Manser
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President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State