Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
Are you online with me?
sorry I took so long I had some tech issues
Are you still there Alex?
Welcome to JustAnswer.com
It appears we had some technical difficulty with the chat mode.
Unfortunately, you are in a very difficult situation here.
Did you give permission to your son to take your vehicle at the time he was stopped and arrested for a 3rd DWI?
How did your son obtain the key for your car?
He grabbed them off the kitchen table
Does your son reside with you?
No he was on an extended visit from out of state
When did you find out that your son had possession of the keys and your vehicle?
I was woken up late in the evening when my daughter called me and told me thta my son was in county for a dui. it was then I looked outside and realized my jeep was gone
Thank you for that follow up.
Unfortunately, if you do file a criminal complaint that your son stole your car, he will be charged with felony grand theft auto and the fact that you permitted your son borrow your car before, would not really help your son to get the charge dismissed.
Does this make sense?
Basically, if you file the report, you will also be subpoenaed to testify against your son at his criminal trial.
what about a lesser crime like joyriding?
That would not generally be an option, under the facts you have described.
so in the end is it in any way possible to get my car back?
Well, basically, since your son used your vehicle and was caught with his 3rd DWI, basically your vehicle would be subject to seizure, unless you are willing to go forward and pursue grand larceny auto against your son.
Is your vehicle fully paid for?
What is the market value of your vehicle?
Well, you can hire a local criminal defense attorney to review the situation and to see if there is any possible option to convince the court to release your vehicle, however the legal fees can be close or more than the value of your vehicle.
so is that it?
Unfortunately, it appears that in a situation similar to your the options are very limited.
I am sorry to give you this unfavorable answer, but I have professional obligation to provide JustAnswer.com customers with correct information, even when my answer is not favorable to the customer and unfortunately I don't have any way of changing the law.
Do you have any related follow up questions?
Thank you for the explanation
I am sorry once again for your difficult situation and I do wish you the best of luck!
I wish you the best of luck.Please click on the "Excellent Service" feedback, so I can receive credit for my answer.Bonus and positive feedback are always appreciated, but are not required.
just one more question... do I have a right to the contents of the vehicle?
You can ask the court to return contents of your vehicle, as long as they are not being held for evidence and there is nothing illegal in the vehicle.
Thank you. I have no more questions for you. In spite of the circumstances you have been a great help and you have very likely saved me a great deal of effort and money. Have a great night.
I appreciate your kind words and I do wish you the best of luck and God bless you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).