My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The first step is to find out exactly what the charges are. It does seem like it could have been the truck owner, even though it would only be theft if he were refusing to return the truck or allow the owner to come pick it up. Still, before you can really know how to proceed, it's necessary to be sure what the charges are. You may want to see if the police station will release a copy of the police report
The law requires that a person who is arrested be brought before a magistrate and informed of the charges. He should get an arraignment, where he can plead not guilty, request bail, and get an attorney appointed (if he cannot afford one). The attorney can then request discovery from the District Attorney, interview witnesses, and get a handle on what the exact charge is and how to defend the case. If he hasn't been before a magistrate, and doesn't have a hearing scheduled for today, you may want to call a local attorney to see if they can take steps to get him before a judge. A good place to find someone is http://www.martindale.com
. If you cannot afford a lawyer, call the local public defender's office to see if there is any way they can help.
If he is able to get the charges dismissed, he may then have a civil cause of action against the truck's owner for knowingly pressing false charges against him. it's called "malicious prosecution," and damages may include the cost of defending the false charges or having his record expunged.
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