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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33073
Experience:  16 yrs. of experience including criminal law.
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I have a warrant auto theft from letting someone use my cell

Customer Question

i have a warrant for a auto theft from letting someone use my cell phone to call a tow truck but the truck towed turned out to be stolen. the guy who had the truck towed has already been arrested for this and the case thrown out and closed. can I still be prosecuted for this charge.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The standard required to bring a suspect to trial is "probable cause". This is defined as "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true"

SO they do not need much to bring the case to trial (to prosecute)

Now...to reach a conviction the state must prove the elements of theft "beyond a reasonable doubt". A much higher standard of proof.

So...to answer the question, can you be prosecuted? Yes...if the prosecutor believes there is evidence to support probable cause they can prosecute.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I can be prosecuted even though the guy was already arrested and the case closed?
Expert:  P. Simmons replied 1 year ago.

Yes. In theory.
Now...in practice the prosecutor is unlikely to bring a case UNLESS there is a good chance of conviction. So if the evidence did not support conviction on this other person, unless there is more evidence against you, it is not likely you would be charged.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I read the report and it stated that the guy admitted to having the vehicle towed but it was still thrown out and his case closed. where I come into play is it states that my phone was used to call the tow truck driver
Expert:  P. Simmons replied 1 year ago.

Thank you
Again, they can bring charges if they like. But what you are describing, I seriously doubt that will happen.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I have an open warrant for this charge and its from 2014. I plan on turning myself in tomorrow as this is jeopardizing my career if I don't take care of it. that's where my need for answers come in to play
Expert:  P. Simmons replied 1 year ago.

Thanks
I suspect that they will not charge you, based on what you are describing.
But that decision belongs to the county prosecutor alone.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
one more thing...from your experience and knowledge... being as though this case has been closed as far as the guy being arrested and charged. what is the odds that I can be released on this when I turn myself in without having to pay a bond and it being thrown out.
Expert:  P. Simmons replied 1 year ago.

If you turn yourself in, there is a decent chance that they release you OR (on your own recognizance).

Or...if you want to avoid paying bond (if they require bond) then remain in jail and demand a speedy trial...I would expect that the prosecutor will dismiss this very quickly if you are in jail waiting trial.

Customer: replied 1 year ago.
i cant sit in jail. im in the military and this will cost me my career if I don't clear my name. (last time I help anyone out by letting them use my phone) as far as a speedy trial. im in new Orleans the judicial system sucks here and they don't care how long you sit or how minor the offense.
Expert:  P. Simmons replied 1 year ago.

THanks
Hire an attorney and let them negotiate this for you then...they can negotiate with the prosecutor to get that warrant quashed (removed). That will keep you out of jail.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I went and spoke with a lawyer and he told me that since its a felony warrant he couldn't simply get me a summons that I had to be arrested to satisfy the warrant
Expert:  P. Simmons replied 1 year ago.

YOu pay the lawyer to negotiate with the prosecutor your surrender...the idea is that when the realize that they do not have a strong case they drop it.

Look...there is no magic bullet here. If you want to remove the warrant you need to turn yourself in. If you can not spend time in jail and do not want to pay bail, hiring a lawyer is your best bet.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

follow up...I know you had time to review this.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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