Legal Question in Criminal Law in Pennsylvania

Charged with Car Theft, uncooperative witness: What to do?
My friend took an acquaintance's car, without his permission, across state lines. The car was out of the state for about 3 weeks. The acquaintance reported the car stolen (not knowing who exactly took it). The car was recovered with my friend (the ''thief'') in it out of state.

The owner of the vehicle has been subpoenaed as a witness for the Commonwealth. The owner of the vehicle, since he has a soft sport for my friend (the ''thief'') does not want to testify as a witness and, instead, would like to dow hatever he can to get the case against my friend (the ''thief'' who ''stole'' the car owner's vehicle) dropped.

Given the background above, I have three questions:

1) If the owner of the vehicle told the investigating officer that he'd rather not serve as a witness and was not interested in pursuing prosecution, would this help my friend (the one charged with theft)?

2) Is there any way that one could make a case to get the case dismissed in some other way?

3) Even if convicted, is there a way to get him a lighter sentence given that he had a clean record before this event?

Any and all help would be appreciated.

Thanks in advance.

Asked on 7/20/09, 9:01 pm

John Gibson John W. Gibson, Esquire

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Re: Charged with Car Theft, uncooperative witness: What to do?

1) Yes.

2) Yes. The owner simply has to testify that he would have authorized the use of the vehicle if he knew it was your friend.

3) I don't think you ever reach this question because it was an authorized use of the vehicle even if the authorization came afterwards.

Answered on 7/21/09, 9:26 am

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