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Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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I have an 18 year old male student who is a senior in high ...

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I have an 18 year old male student who is a senior in high school. He has always had trouble getting along with his step-mom. His father died this past spring, and he moved from house to house for a while. then finally moved back in with the step-mom. He asked her for use of the family 4-wheeler last week. She said yes. HE and some friends rode it, and the frame was damaged a bit in the ride. They brought it back. In the next week, he ended up arguing with her and moving out. She has now filed charges against him for stealing her 4wheeler and he is in jail. Can he legally be held just because his stepmother is accusing him of stealing the 4wheeler, but there is no proof?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 8 years ago.
Hello, and sorry to hear about your friend's situation. If a person accusses someone of stealing property, and the only evidence of permission is the accused person's word, that would be sufficient probable cause to justify arrest. I would say it would be a difficult case to make a guilty finding in court on that sort of "he said, she said" situation. To be found guilty, there must be proof beyond a reasonable doubt.

So yes, he can be held on such charges. He also should not make any statements to police prior to consulting with an attorney. Police are often experts at convincing people to make confessions, even where one is not justified. He needs to take this matter seriously and get an attorney.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
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