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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27670
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My son had an outstanding arrest warrant for theft that he

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My son had an outstanding arrest warrant for theft that he knew nothing about. He was arrested a week ago and still doesn't have any info. The only thing he can think of is he borrowed a truck to get firewood. The owner knew about it. The truck broke down; my son had it towed to his house because it was closer than the owner's house. He called and told the owner. He has not had the money to have it repaired or towed to the owner's house. The truck owner reported to the police that the truck was stolen (which is a lie), and the police put out a warrant for his arrest. He now faces felony theft charges. This is so unbelievable to me! What can he do
Hi,

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 to you.

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.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
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