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I need some information on someone stealing my vehicile. No…

Customer Question
I need some information...

I need some information on someone stealing my vehicile.

Lawyer's Assistant: Have theft charges been filed? If so, when is the next court date?

No that's why I need conslutaion, she was my house sitter and stole my vehicile and the police say theres no reason to charge her because she had access to the keys. this doesn't seem legal or right

Lawyer's Assistant: In what state did this occur?

AZ

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She had access to my house only because I was out of town in ohio. she was told she could stay there if she didn't want to waste her gas going to and from her house which was in tempe. I live in East mesa. She didn't have my original keys to the house, she had the spare

Submitted: 1 month ago.Category: Criminal Law
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Answered in 43 minutes by:
5/26/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,977
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 1 month ago
Ok
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Sounds like the police are saying that if you let her use the house and she had keys, then she had your permission to use your car. That doesn't sound reasonable to me either, unless you told her that she could use the car while you were away.

When you don't get satisfaction from the police, in most jurisdictions you can go over their heads and report the crime directly to a prosecutor in the prosecutor's office. Prosecutors are the ones who file criminal charges. If they don't agree with the police they can open up a case and order the police to make an arrest.

If the prosecutor feels the same as the police, he has the complete discretion to decide for himself what cases to go forward with and what cases he wants to decline. There is nobody to whom you can appeal his decision if he turns you down. The choice is entirely his and nobody, not even the President himself can make a prosecutor go forward with a case that he does not want to try.

Does that mean you can't get justice? No. It just means that you can't get it from the criminal court. You would have to sue her for the return of the car.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 30 days 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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Customer reply replied 30 days ago
if you could clarify a little more
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 30 days ago

I'd be happy to clarify but what specifically don't you understand?

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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.

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