Legal Question in Criminal Law in Pennsylvania

Theft by deception

Purchased a new vehicle from a dealership in York PA. I gave them two post dated checks for a deposit on the new car. The first check for $500.00 they deposited and it cleared the bank. After they cashed the first check I recieved a call from the dealership informing me that they did not title the vehicle properly and entered the wrong weight classification on the truck. In order to protect myself and to ensure that all the paper work was processed properly I stopped payment on the second check which was for $1390.00 until they presented me with some documentation that the truck was titled properly. I told their representative that I would wire secured funds once they took care of the title. About two weeks went by and there collections department went ahead and filed a criminal complaint with the York county police. I spoke to the investigator and told him why I stopped payment and that I would pay the rest of the money as long as the tilte was in order. He said that the would talk ot he dealership and get back to me. He never got back to me and I received a criminal complaint int he mail charging me with theft by deception. What are my legal options?


Asked on 3/14/05, 10:44 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Theft by deception

I think you need to fight this. You have the right to a preliminary hearing which should have been listed on the complaint. The prosecution has to prove the elements of the offense. You have the right to an attorney and he can cross examine the witnesses against you. If you have the documentation you should have the charges dismissed. You then would have a civil case for malicious prosecution against the dealership. I offer free consultations.

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Answered on 3/14/05, 11:01 am


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