Legal Question in Criminal Law in California

16 year old charged with car theft

My 16 year old daughter was in the car that her friend ''borrowed'' from a mutual friend and they were in an accident. Her friend that borrowed the car frequently did so, and the owner did not press charges, but the DA did. Her friend blamed my daughter and now she is being charged with the theft. What should we expect at court? Can she be charged even though she didn't take the car herself and the owner didn't press charges. She's on probabtion, but is currently serving 90 days in rehab. The incident occured before entering rehab.


Asked on 4/06/09, 12:15 pm

3 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: 16 year old charged with car theft

There are two auto theft charges - 487(d) of the Penal Code [Grand Theft Auto] and 10851 of the Vehicle Code [Taking or Driving a motor vehicle].

They both carry the same sentence - a felony up to 3 years in custody and each is can be used as a theft prior in the future. Each requires that your daughter drove the car (or was aiding and abetting in the theft).

There is also a possible charge for possession of stolen property (Penal Code section 496). That requires knowledge on your daughter's part - proof that she KNEW the car was stolen. With a history of permission in the past, your daughter may have a fantastic defense.

See my website for information about juvenile procedures - go to www.joedane.com and search for "juvenile". Let me know if I can help further.

Read more
Answered on 4/06/09, 12:27 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 16 year old charged with car theft

This appears to be a case which would benefit from representation by an effective private attorney. These are potentially serious charges and it appears your daughter would have grounds to defend herself.

Feel free to contact my office for a free consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 4/06/09, 8:34 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 16 year old charged with car theft

This appears to be a case which would benefit from representation by an effective private attorney. These are potentially serious charges and it appears your daughter would have grounds to defend herself.

Feel free to contact my office for a free consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 4/06/09, 8:35 pm


Related Questions & Answers

More Criminal Law questions and answers in California