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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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what is theft of means of transportaion mean and they are just

Customer Question

what is theft of means of transportaion mean and they are just bring this up from 3 years ago and what would be the sentice if you know and would i need a outside lawyer or could i use a cort appointed one
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

This would be auto theft, and it is a Class 3 felony in Arizona. The penalty could be as much as 3 1/2 years on a first offense. Here's the law in your state. ARS 13-1814

If you can afford a private attorney, that is what Arizona will require you to do. If you are poor enough so that retaining a lawyer would cause great hardship, you can get a free court appointed attorney. In the latter case, you'd just plead not guilty on your court date and ask the judge to appoint you a public defender.

The three year gap in time from the alleged incident to the filing with the court is 7 years on an Arizona felony of this sort. So while the gap may weaken the case for the state, depending upon the reason for the delay, it is not improper.

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Customer: replied 6 years ago.
but what if i didnt get arrested or get any paper work form when this happened and now they are bring this up
Expert:  Zoey_ JD replied 6 years ago.
Hi and thank you for your accept,

I gave you the answer to this one. The authorities in your state have 7 years from the incident to investigate and file charges on a felony matter like this. It has taken them three years, but they'd have had 4 more to wait if they'd wanted to.

That said, depending on the facts and circumstances it may weaken the state's case to have waited this long. I don't know why they did. But if you've been in the community all this time, going about your regular dealings, it wasn't a question of not being able to find you. So that may mean the evidence is weak. This will be something you will be able to discuss with your lawyer, since he will be able to see and discuss information on the police reports and let you know what facts do or don't help your case.