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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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Car sold to me was stolen by seller and then sold again. Theft

Resolved Question:

Car sold to me was stolen by seller and then sold again. Theft by Taking; stolen covers all theft.
When it comes to classification by the police as a "stolen vehicle"?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  J D Haas replied 5 years ago.
If I understand the situation is: X sells car to A. Then X steals the car from A and sells the car to B. X is guilty of theft and the vehicle would be classified as a stolen vehicle. Please let me know if I do not understand your question.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. Because
I do not not have access to your documents and your specific facts, you should consult
with a lawyer in your area for a specific answer to your legal issue.

You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 5 years ago.
<p>you understand my question, but what are the criterion?</p><p> </p><p> </p>
Customer: replied 5 years ago.
you understand my question, but what are the criterion?

it sounds like theft as legally defined but obviously it is not a “stolen car” for District Attorney. His argument is; if I classified the car as stolen I would simply be transferring the loss from one Victim to another Victim.
In my opinion, he has overseen, that sold car to me was stolen first and then sold again by seller. Stolen is stolen, and is a crime. Transferring losses is a civil matter.
Expert:  J D Haas replied 5 years ago.
The actions of the seller in stealing the car and reselling it are classified as theft. If the seller then stole the vehicle from B and sold it to C the seller would be guilty of theft to A and B and would be guilty of fraud and possibly other crimes to C. The DA is correct about transfer of loss, but the fact remains that seller is guilty of theft when seller stole your car. Transfer of loss is irrelevant to the crimes committed and the crime is theft.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. Because
I do not not have access to your documents and your specific facts, you should consult
with a lawyer in your area for a specific answer to your legal issue.

You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 5 years ago.
Thanks,
you did not answer the question, if there are criterion for reporting; Auto Theft (law definition) as a „stolen car“, so I understand, there are NOT.
So again do you know?
When police, DA or prosecutor or law enforcement officer HAVE TO or SHOULD made a report to MVD or insurance or Autocheck/Experiarr as “STOLEN CAR”?

You understand that there are difference between “stolen car” and “Auto Theft”, or “Theft by Taking”, which would change very much my position as a Victim.

I would appreciate, if you can stay with me
Expert:  J D Haas replied 5 years ago.
In what state did the auto theft take place?
Customer: replied 5 years ago.
In Georgia
Expert:  J D Haas replied 5 years ago.
If your vehicle was worth more than $500.00, then the thief was guilty of a felony. Here is the GA criminal code involving theft: http://www.lexis-nexis.com/hottopics/gacode/default.asp

It is really cumbersome to navigate on that site, but the Georgia law states that the seller is guilty of felony theft by depriving you of your property. The DA should be prosecuting that level of crime.

Your position as a victim should not change since the seller is guilty of felony theft using GA's statutes.

If I am still not answering your question, please let me know.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. Because
I do not not have access to your documents and your specific facts, you should consult
with a lawyer in your area for a specific answer to your legal issue.

You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 5 years ago.
I would accept your answer as a full to my question, but what about the record as a "stolen car" which has to be made by DA or police?
Expert:  J D Haas replied 5 years ago.
When the crime is charged, for example: "X is charged with grand theft on 7/23/08" then the reporting agencies such as carfax, etc. can take that information and enter it in their database. I am not sure if the police independently contact these agencies and report that a 2006 Ford F150 was stolen in Macon, GA. Rather, I think that these reporting companies scour court records for the police reports. If you have more questions, please let me know.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

In the future, if you would like to specifically ask me a question,
you can ask for me in the body of the question.


Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area. I do not have
access to all of the information that a local lawyer has.
The only way that I am legally responsible for your legal rights is
if you have signed a written retainer agreement with my law firm.
Customer: replied 5 years ago.
No, it is not realy so, they wait for the police report, as well the organisation NINC.

What you will say to this statment by police:

Leopold,

     I have spoken with our District Attorney about your case, and they are unwilling to try your case as a Auto Theft. They are willing to charge the two brother with Theft by Taking or Theft by Deception. I have arrest warrants on them, and the DA’s office has agreed to extradite them anywhee in the United States. Expo Motors bought the car at fair market value, and if we classified the car as stolen we would simply be transferring the loss from one Victim (you) to another Victim (Expo Motors). I know it may sound unfair to you, but that is how we are proceeding in this case.



Expert:  J D Haas replied 5 years ago.
Thanks for all of your information.

The DA has a number of charges that he could file: grand theft, theft by taking, and theft by deception. The DA has decided to charge this as theft by taking or deception. If the DA makes this decision, a private citizen can attempt to change the DA's mind, but the DA has the final say on charging.

Presumably, the DA is charging it this way as the penalty for these felonies are the same, but in this way Expo gets a cleaner title. I am sorry, but an attorney or citizen cannot control or change the DA's charging decisions.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. Because
I do not not have access to your documents and your specific facts, you should consult
with a lawyer in your area for a specific answer to your legal issue.

You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.


Customer: replied 5 years ago.
Is Auto Theft = "stolen car"?
Is Theft by Taking or Theft by Deception NOT "stolen car"
Expert:  J D Haas replied 5 years ago.
Yes auto theft = stolen car. Theft by taking and theft by deception can include a stolen car, but it does not necessarily have to be a stolen car, it could be some other stolen property.
Customer: replied 5 years ago.
Thanks I understand, but what can I do? Would be file a grievance to DA usefull?
Expert:  J D Haas replied 5 years ago.
Asking the DA to reconsider is your best option. The only other thing that I can think of is to work for the defeat of the DA in the next election but that appears to be a drastic option. Good luck.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information. Because
I do not not have access to your documents and your specific facts, you should consult
with a lawyer in your area for a specific answer to your legal issue.

You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.


Customer: replied 5 years ago.
I do not understant; "to work for the defeat of the DA in the next election but that appears to be a drastic option." you mean the presidential election?
Could you file for me any option against DA?
Expert:  J D Haas replied 5 years ago.
Usually DAs are elected. My reference was to the time that the DA runs for re-election. If the DA is doing a good job other than this charging decision, perhaps that would be too extreme an action.
Customer: replied 5 years ago.
Could you file for me any "option" against DA?
Expert:  J D Haas replied 5 years ago.
The charging decision is discretionary with the DA. There is nothing that a private attorney can do to force the DA to change his or her mind on a charging issue. I am sorry.
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience: 23 years as a trial lawyer with experience in criminal law.
J D Haas and 7 other Criminal Law Specialists are ready to help you

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