Legal Question in DUI Law in Pennsylvania

bench warrant and arrested for theft by unlawful taking

My boyfriend never showed up for his hearing alhtough he went to his classes and did his community service. He had a bench warrant out for his arrest. He took my car, with my permission, to go to his parents' house. He called at 8 p.m. to say he was returning home, but did not. At 11, I phoned him at a local tavern and asked him to return home with the car. He did not. At 1:30 a.m. I phoned 911 and reported the car stolen. The officer told me that it would be difficult to make it stick. In the process, they found he had a bench warrant out and was wanted in a neighboring county. They came the next night to arrest him. I never signed anything nor wrote a statement. They told me that if I didn't testify to his arrest for theft by unlawful taking that I would be arrested for filing a false police report. I don't want him to have any more charges. He returned at 5 that morning with the vehicle. I don't know what to do. He's in Northumberland county prison until monday when he will be transferred to schuylkill county for the warrant? Please help me. Can I be arrested? Do I have to press charges now if I don't want to? Thank you for your time and advice.

Pauline


Asked on 9/17/06, 3:39 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: bench warrant and arrested for theft by unlawful taking

If you call the police to report the car stolen, and it's not stolen, and you know it, then that's filing a false report. The police aren't there to retrieve your property from someone you gave it to, they're there to enforce the law.

At the most, he would be guilty of unauthorized use of a motor vehicle (a misdemeanor), not theft (a felony).

His bench warrant is for failure to appear, and as such he was picked up and taken in for the warrant, and will have to appear in court to resolve whatever that was about.

No, you don't have to press charges now, but if you tell the police that it wasn't stolen, or say that on the stand, after telling them that day that it was stolen (even though you knew that your boyfriend had it and you had no intention of going through with the charges) then yes, you can be arrested.

I would suggest that you consider just not showing up in court the day he has his hearing on the theft charges. That way, you're not saying anything one way or another about the facts of the matter, but the police will be unable to proceed against him because there will be no evidence that his possession of the car was without your consent.

In the future, don't use the police to solve a personal problem.

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Answered on 9/17/06, 4:51 pm


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