Legal Question in Criminal Law in Maryland

A friend of mine is behind on thier car payment they had to move to another state can they be prosecuted for car theft?


Asked on 12/21/09, 11:54 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Anyone can be accused of committing a crime. If the state wanted to prosecute for theft, it would have to prove that your friend took the car without permission from the rightful owner and with the intent to permanently deprive the rightful owner. If the car is registered to your friend, then it is unlikely that the state could prove theft.

However, if your friend never had the ability to make payments and lied on the credit application, then the state may be able to prove fraud. Also, if he hides the car, or if he refuses to surrender it, he may be charged with conversion. If he cannot pay for the car, then he should return it before it becomes a criminal matter.

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Answered on 12/27/09, 8:23 am


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