I was in a car that was stolen but i was not the driver and the driver had the key so can they stii charge me with a stolen car

Asked about 5 years ago - Chicago, IL

i was in a car that was stolen but i was not the driver and the driver had the keys so can they still charge me with a stolen car

Attorney answers (2)

  1. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . Can they charge you? Yes. The amount of proof necessary to charge is minimal (probable cause = reason to believe a crime was committed, and they you committed it) and the facts you provide appear to establish that level of proof. Can the State convict you is a different question, and your lawyer can argue the facts that you did not have the keys, were not the driver, and the ignition was not damaged as evidence that you were not the person who stole the car and could reasonably have believed that the car was not stolen. On the other hand, as part of the negotiation to resolve your charges, the prosecution is likely to want you to give a statement about the person who was the driver and who did have the keys. Talk to your lawyer about these issues before you make any decisions on how to resolve this matter. Good luck.

    You can have your lawyer contact the courts and see if they will allow you to post a bail, in lieu of your appearing and being locked up on the warrants. Regardless of the procedure, you will still need to get back in front of the Court, at which time the prosecution is likely to want to argue that you are a flight risk and that you should be held until the underlying criminal charges are resolved. Good luck.

    DISCLAIMER
    I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . Delete the second paragraph of the original answer as not having anything to do with your question. It apparently copied when I attached the disclaimer language. Good luck.

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