Legal Question in Criminal Law in Missouri

But I didn't steal the car!

my friend went outta town a couple months ago. sometimes i would use her car to run errands or whatever so i had a set of keys. we've been friends many years. so she went on vacation and i was going to use her car a couple days when she was gone. i didn't really ask her about it, but didn't think she would mind.

while i had the car, it was stolen from my home and then set on fire. now i've been charged with stealing the car from my friend. but i didn't steal it! i borrowed it! and i was gonna return it before she got back but someone stole it from me and burned it.

i now have a very strained relationship with my friend right now and i don't know how to fight this, or even if i can! please hlep. thanks.


Asked on 2/21/07, 2:23 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: But I didn't steal the car!

If you are charged witht the theft of an automobile, then you are facing some very serious legal problems. There is no doubt that you should consult with and hire the very best criminal defense attorney you can afford. I have handled a number of car theft cases, and I can advise you that you may have an arguable defense. I can not give you any specific legal advice without meeting with you and learning all of the facts, but I can tell you that you do have a good chance of either defending the charge or negotiating a plea bargain that you can live with. Please feel free to call me for a free telephone consultation.

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Answered on 2/21/07, 11:02 pm
Anthony Smith LawSmith

Re: But I didn't steal the car!

Under the facts you provided it appears that you are both morally and legally responsible for the loss of the vehicle. You owe your friend for the loss. If she does not come after you, her insurance company probably will.

Whether you are criminally guilty of theft, may be another matter. You describe having keys and using the vehicle with at least the owner's knowledge, if not her permission. If you reasonably believed that she would not be opposed to you using her vehicle, then you are nto guilty of theft. The key issue for the court to decide is whether your beleif was reasonable under the circumstances. You are not guilty of theft, if you do only what the owner permits you to. you said that in this case, you had not gootten her specific permission to take the vehicle. The court will have to decide if hte pattern you can prove shows that you had her implied permission.

it is verly likely that your friend is claiming that the vehicle was stolen so that her insurer will recompense her for the loss. If you cannot repay her for the car, perhaps you might refrain from denying the charges. The prosecutor may not file charges.

A conviction could seriously affect your life for years to come. Before you decide how to proceed, you should consult with an attorney who has access to more of the facts then you are able to provide here.

Good Luck

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Answered on 2/21/07, 3:43 pm


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