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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27588
Experience:  10+ years defending Misdemeanor and Felony cases.
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I was recently enjoying a road trip with my live-in boyfriend

Customer Question

I was recently enjoying a road trip with my live-in boyfriend and our german shepherd. While driving through Missouri things began to take a turn for the worse when our arguing got out of hand. One evening we let the dog out of the car while we were bickering - we were not able to get him back at the time. Shortly after the dog made his escape I decided to get out of the car,my car. I got out of the car with a phone that was about to die, my camera, my id and I think $10. After short wait I decided to make my way through the country/suburbs near st louis to find a hotel. I eventually found a hotel and thanks to my mother I was able to check in and get a room. At that time I put my hotel name and room number on my voicemail message, as my cell had died and I was without a charger. I got in the room around 11pm and quickly drifted off to sleep. Around 2am I heard a knock on my door -- it was my boyfriend. He was drunk and annoying he kept asking me about the dog, he broke my cellphone and he wouldnt shut up so I called the front desk and told them there was someone harassing me in room. The cops came shortly. I told them what I told you - they had me go downstair to the parking lot where my car was now parked. They took my boyfriend elsewhere so he could catch a cab and that was that. I woke up around 8 and had free hotel breakfast and at that time I went out to my car and I retrieved my laptop and a change of clothes. I went back to around 8:30 and I laid back down and went to sleep. My boyfriend called me soon after I laid down and asked about the dog - I ignored what he was saying and I took the phone off the hook. I then woke up at 11:30 - I asked for a late check out - they said no and was to the lobby by noon. I went outside to leave and my car was nowhere to be found. I went inside to the front desk - my cellphone was broken at this point- and I asked if I had any messages. They lied to me and said no. I then asked them to call the police. An officer showed up and took my report - essentially the same info as above. I was clearly not thinking about anything but my own frustration at that very moment and I told the officer to prosecute. Now Im not even sure they should have been able to -- I lived with the man who I suspected took my car and I had let him use my car numerous times in the past. He doesn't have a valid liscense and he drinks - so it is something that I certainly do not promote, but nothing to call the police over either. Also he may have had a set of keys - I thought that the dog was wearing them when we lost him, but my boyfriend could have had them just as easily. After giving my statement to the police the officer took me to a tmobile store and no one at the hotel said a word about anyone coming in or calling with messages for me. I later was to find that my boyfriend and mom both left messages with the front desk and that my boyfriend came into the hotel on more than one occassion to. He was unable to come up to my room due to the incident the night before. If I had known he had said taking the car to look for the dog - I would have been a little annoyed, but there is no way I would have called the police. But I never heard the messages so the next morning i called the police and they said they had in fact recovered my vehicle and apprehended the suspect. They mentioned that my vehicle was damaged in the pursuit and that I could pick it up at a tow yard a couple hours away. I got my car back - there was considerable body damage, but it still drove - at first. I got about 6 hours into driving before my vehicle became undriveable. My car was towed, I was given a rental car and a few days later my car was officially deemed totalled. Since then +I made a claim on my vehicle was paid i full, state farm now has sole jurisdiction to pursue restitution. My boyfriend has a fairly extensive arrest record , though there are no particularly serious offenses - child support, dwi, etc, - but at his point they are trying to offer him 9 years . I do think he should have to pay state farm restitutiion for my vehicle, but that is simply an unreasonable plea. He is completely willing to take responsibility and culpability for his driving offense - dwi, failure to stop, driving on a suspended, and I believe a couple of other misdemeanors. What can I do to convince the prosecutor to drop the 'tampering with a motor vehicle' charge that is not fair or factual? Ps this incident happened on the 7tyh of july, but on a happier note I found my dog ! Once I had returned back to Phoenix I placed an ad on craigslist and I quickly found my pup. I flew to Missouri this past weekend and my dog and I flew back together - please help me get my boyfriend back home as well.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. All the crimes which you mentioned above are against the State and some of them, involve you as the victim. The State/Prosecutor always has the discretion to proceed, so you can certainly contact them and advise that you do not want them to go forward with the other charges that involve you and would like them to drop them. They do not have to but can consider your request. Moreover, the ability to prosecute, depends on your cooperation. For some of the charges, you will need to cooperate and testify against him, at trial. If you do not appear, they will have a hard time proving some of the charges and may not have to proceed. The DWI, failure to stop, DWLS and the other misdemeanors were committed in the presence of the officer, so there is nothing which you can do for those. However, any charge related to the taking/stealing of the vehicle would depend on your likely cooperation. 9 years does seem like a lot of time for a plea but it is based upon his prior criminal history and facts of this case. He does need counsel and if he is unable to afford to retain private counsel, should ask to be appointed the public defender, who can look over the facts of his case and see if he has any legal defenses or to try and work out a deal for much less time.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  CrimDefense replied 4 years ago.
Hi Teresa, I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

I was hoping that you might have some suggestion as how I might best approach writing the prosecutor. I know that they I could be subpoenaed if there were in fact a trial, but it seems that would simply waste more resources. I know he is completely willing to plea to the misdemeanor charges and I think that statefarm should try and prosecute him civilly. It was both mine and my boyfriend's impulsive decision making as well as a lack of communication that escalated this situation. I am hoping you may help me with some legalese that might expedite a positive reaction. I am not quite aware of how to the damage to the vehicle might factor into the equation. Also if I were to either testify for the defense or at least work to rescind prosecution - could that in anyway affect my standing with state farm. I have already been compensated for the total loss of my vehicle. My boyfriend actually was involved in a fender bender while driving my vehicle several months ago and State Farm did cover the damages, though it certainly did affect my premium.



I know it must get frustrating to be on the receiving end of so many stupid decisions, but I hope you are able to find serenity or at least humor in at all.


Thank you,




Expert:  CrimDefense replied 4 years ago.
State Farm wants their money. If they already paid the claim, you can give it back to them and make them whole, which would resolve the issue with restitution. They know it will take time, effort and money for a civil suit against him and it is much easier to get it court ordered through restitution, with the criminal court, since he will have to pay it as a term and condition to his sentence. As far as the issue with the prosecutor, if this was an accident and misunderstanding and he DID has permission to take your car, explain that to them. If you only called the police since you did not think it would be reasonable for him to return based upon what happened earlier, share that with them. You can certainly testify at trial on his behalf but even then, he would not help with the other charges he was facing. He was still driving on a suspended license, charged with a DWI, etc and all those things would have happened if you gave him permission.
Customer: replied 4 years ago.

So I just received a letter saying I will be served with a subpoena from the prosecutors office. I have not yet sent my letter asking them to drop the auto charges, so this could be moot. But if that is not the case, how will this work? FIrst of all I live and am currently in Phoenix, AZ, but the court in question is located in Randolf Co., MO. Secondly Im pretty this actually goes to court I will be summoned by the defense as well. I have been unable to speak to the prosecutor's office, I only made my original statement to the police. Of course I will proceed with the aforementioned letter, but I not quite sure how else to proceed?

Thank you for your help and I wont forget to rate your advice.

Expert:  CrimDefense replied 4 years ago.
Once you are served, you need to contact them and advise that you reside out of State and that if they want you to appear, need to make travel arrangements since it would be a hardship for you to incur the expense. If you are served, you do need to appear. If you do not, it would be at the discretion of the State to decide on how to proceed and if they want to go forward, since you are a key witness. When you speak with the prosecutor, you can advise them of your request to drop the auto charges and if you are going to testify on behalf of the defense, need to have his attorney submit a witness list, so they are aware of this ahead of time. You should wait until you are actually served and then contact them as the victim and see what they are going to do for you, to get you there.
Expert:  CrimDefense replied 4 years ago.
Did this help clarify?

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