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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24424
Experience:  Active member of the NYS bar since 1989
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I was recently charged with unlawful possession of a stolen

Customer Question

i was recently charged with unlawful possession of a stolen vehicle, but the vehicle was not stolen at all. it was a rental car. i was sitting in the drivers seat but the car was off and the keys were not in the ignition. we were pulled over on the side of the road, parked next to the sidewalk. it was my girlfriend and i in the car. it was about 6 am and we had been out all night. that is why we pulled over instead of driving. after falling asleep, i awoke to my girlfriend shaking my leg saying to wake up, bc a cop had his lights on and had pulled up to my car, facing front end to front end. he got out and walked up to us asking for identification saying that there were reports stating that we were waving drugs out the window. which didnt happen. he asked for my id, i told him i didnt have one. my girlfriend gave the cop her id. he asked my name, i lied and gave him my little brothers name, address, and dob. he said that he couldnt find me in the system, and detained me until he could figure out who i really was. then he started searching the rental car. which wasnt rented in my name either, a friend rented it and had loaned it to me
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: wa
JA: Has anything been filed or reported?
Customer: i was ncf @ court and then 3 months later they brought the charges back up
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Legal
Customer: replied 3 months ago.
during the search the cop asked my girlfriend if there was any drugs in the vehicle and she gave the cop about a half ounce of heroin and said that it was mine. when the cop pulled me out of the car i had nothing on my physical person besides 80 cash in my pocket. no phone, no wallet, no para phanelia, no drugs.
Customer: replied 3 months ago.
they cop returned to me and told me that he just needed to know my real name so he can run it through the system and that if i was honest then he could work with me. i then told him my real name, he called me a dumb motherf**ker and ran my name. i had a department of corrections warrant out for my arrest so he called them to let them know the current situation. they said to keep me detained until they arrived. they pulled up and ransacked the car. went through everything, popped the trunk everything.
Customer: replied 3 months ago.
i was booked for UPCS and then i got no charges filed at my arraignment
Customer: replied 3 months ago.
i then was transferred to a different jail to do my doc violation time. 3 weeks later i was out and on the street again. didnt hear anything about the case. 3 months later i was looking online a pierce county superior court cases and checked my name and seen that they issued a bench warrant for Unlawful possession of a stolen vehicle; UPCS; giving a false statement to a public servant
Expert:  Zoey, JD replied 3 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

What is the question you have with regard to all of these facts?

Customer: replied 3 months ago.
Can they convict me based on what i have told you
Customer: replied 3 months ago.
Thank you for taking the time
Expert:  Zoey, JD replied 3 months ago.

It's not possible for me to know how good the prosecutor's case is, without being able to look at the court papers, see all of the discovery, conduct my own investigation and confer with the prosecutor. All I can tell you is what I would tell anyone arrested for any criminal charge. That is, the state doesn't bother to bring charges unless it believes it can prove its case beyond a reasonable doubt. That means there is always a possibility of a conviction. No criminal case is ever a slam dunk for the prosecutor or for the defense.

That said, the fact that the state brought charges once and declined to prosecute may indicate some kind of weakness in its case. If there were no drugs recovered, they would not be able to make out the unlawful possession of a controlled substance.

Keeping a rental car beyond when it was due back frequently leads to charges of this sort and depending upon the facts and circumstances, the charges can stick.

Assuming the warrant information you found is accurate, there is only one way to appropriately deal with it, and that's to hire a criminal lawyer and seek his assistance to return on the warrant and deal with your criminal case. If you return on the warrant voluntarily, a lawyer can make an argument for your continued release, since you did have reason to believe there was no case against you any more. If, on the other hand, you are picked up and returned involuntarily, high bail will be inevitable and you can face additional charges for being a fugitive from justice.

Expert:  Zoey, JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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