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My brother is being charged with UDAA of my vehicle. After wanting to drop charges

Bay City, MI |

My brother is being charged with UDAA. I had given him permission to take my vehicle and after about 3 or 4 hours of him not returning my phone calls and not returning my vehicle I reported it stolen. Right after I had done that He called me to tell me he had parked my vehicle at a gas station.The officer was following him, he never had signaled for him to pull over or pulled him over.I then called the officer the next day telling him I wanted to drop the charges.Well the state picked them up and he is being charged with udaa. Is there any possible way for him to get out of it? I if tell the prosecutor that I let him take it and then reported it stolen after him being gone for 3 or 4 hours and no contact will I get in trouble?

Attorney Answers 5

Posted

Yes, it's not up to you to continue the case against your brother and if you say you reported a car stolen when it wasn't, you will likely get charged with false police report. Let him handle his own case and protect yourself.

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Asker

Posted

How can I protect myself?

Timothy J. Klisz

Timothy J. Klisz

Posted

Speak to the prosecutor and let them know your desire to not prosecute, but you need to tell the truth. If you knew it wasn't stolen, you risk getting charged if you testify. Get a local attornry to consult with on how to proceed.

Asker

Posted

I will do that.Thank you very much

Posted

Make sure he has a lawyer because he will likely need to go to a jury trial unless you get a friendly prosecutor who is willing to dismiss the charges. You however are the prime witness against him.
If he cannot afford an attorney, he needs to ask the court to appoint him a defense attorney ASAP.

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Posted

It is a common misconception that the 'victim' of a crime presses charges. In fact, it is the State that presses charges and the victim is just one of the witnesses. That said, you should have substantial influence on whether the prosecutor will go forward with the case, and unless your brother has a bad prior criminal record many prosecutors would let a case like that be resolved by dismissal or substantially reduced charges.

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Posted

The prosecutor will decide whether or not to proceed with the case, not you. That being said, it is important that the prosecutor have all the relevant information in order to make a good decision. Your problem is your own potential criminal liability. If you lied to the police, you could be charged with filing a false police report. In this case, that charge would be a felony. It is not clear to me what you told the police. If you simply said your car was stolen, and did not say anything about having given your brother permission to have the car, then yes, you will likely be in trouble.
You should probably have an attorney's assistance. Your attorney needs to have all the details of what you told the police. Your own liability is at stake, as well as someone else's. Police officers are NEVER happy with having their time wasted (understandably). The sooner this is dealt with, the better.
Best wishes to you.

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Asker

Posted

When I had called to report it stolen I had not heard from my brother in hours,which he was supposed to be gone 30 minutes, I acted on impulse and anger that's why I had called the police I was mad at him and figured he was not going to return my vehicle.What would of happened if my brother did what he did and he left the car at the gas station and I didn't report it stolen what would of happened cause they didn't know who was driving the officer never had pulled him over.

Patricia A. Reiser

Patricia A. Reiser

Posted

The real question is, did you tell the police all of this? That is, did you tell them that you had originally given your brother permission to take the car? Based on what you have said, I would say that it is a gray area as to whether or not you could be charged with a false police report. If you were not deliberately trying to mislead the police, then probably not. Still, it is a judgement call and it is really hard to say without actually seeing the police report. If your brother kept your car beyond the time period that was allowed, then he did commit a crime.

Asker

Posted

No I hadnt not at the time I didn't...After I reported it and then I eventually talked to my brother, my brother said that he was going to pay to get my car out of impound that is why I told the police officer that I wanted to drop the charges.But he didn't care, He made me feel threatened and He said that "Since I coudn't make up my mind that He was going to file the charges anyways.I told him I didn't want to press charges and that was that." I had thought that the charges were dropped until I seen my brothers record and he was being charged with that.

Posted

Prosecutors office will always take the victims opinion into account. However many prosecutors offices have policies to not let a victim drop charges on domestic violence or any type of assault crime. Property or theft crimes could be different depending on the prosecutor policy.
Call Michigan Criminal Attorneys with any questions 800-665-2451 for a FREE consultation.

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Asker

Posted

Do you believe it would be in mine and my brothers best interest if I go try talking to the prosecutor and letting him know everything that I gave him permission but after him being gone and not answering me I had figured he took the car would that make any difference or could that turn into me getting into trouble? I have never been in trouble, my record is clean.

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