Legal Question in Criminal Law in Arizona
I am being falsly charged with a clss 6 felony of unautherised use of vehicle. I did have permission to use and i have a witness willing to tell this in court. can i counter with false charges and put the felony on him . ?
1 Answer from Attorneys
You cannot "counter with false charges." What you need to focus on is defending the charges you face. For the charge of unlawful use of means of transportation, the state has to prove beyond a reasonable doubt that, without the intent to permanently deprive, the person either, 1) knowingly takes unauthorized control over another person's means of transportation or 2) knowingly is transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person. If you had authorized control of the vehicle, that is a defense to these charges. You need to make sure that your attorney is aware of the fact that you have a witness who can testify on your behalf about the authorized control. Good luck.
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