What can I do if I was accused and arrested of stealing a vehicle?

Question

I got arrested for being in a car that police officers think is stolen. The car was not stolen. It has never been reported stolen. I was arrested and then released.

Michael J. Breczinski · Answer

Do not talk to the police with out a lawyer. Second if it was actually not stolen this may be the last you hear of it. They may never do anything else.

Cynthia Henley · Answer

If you have not been prosecuted, then you will need to hire a lawyer to expunged your record.  If charges were never actually filed then there is nothing you can do except perhaps file a complaint against the officer.

Gregory Casale · Answer

Being released means nothing. Most people are released after being arrested unless they are held on bail, which is a question of flight risk.

James H. Dippery · Answer

The easiest advice is to sit tight and wait. If the car was not 'stolen' then no harm, no foul, no crime, no charge.

William Spern · Answer

Police don't arrest on what they think. Either the car was reported stolen or not. If no crime then no time.

Stephen Freeborn · Answer

If what you say is true, and the officers determine that the vehicle was not stolen, then you have nothing to worry about.  Perhaps this is why you were released and why no charges have been filed.

Eric Sterkenburg · Answer

If you are arrested and released without being handed a paper as a citation or with a notice to appear in court on a certain date you have not been charged. If you have been charged you need an attorney now and you cannot talk about the case with anyone without your attorney with you. Your attorney can review the facts with you and evaluate the evidence the state has against you. At that point he can advise you on how to proceed.

David Ayer · Answer

Assuming there are no extenuating circumstances or behavior of the police you have not mentioned, the police are allowed to make mistakes. The legal system gives them a great deal of leeway in which to do their jobs. As long as their belief the car was stolen was reasonable (and this can be defined broadly), they will likely be found to have acted properly in arresting you. The law will likely view your arrest as a necessary inconvenience. The fact you were not prosecuted will be held to demonstrate a lack of harm to you. There is not much you can do other than walk away.

Joseph Redding · Answer

If you are accused and not charged, at this point you can not help your case by talking.  Hire an attorney.  If you get re-arrested, tell the police you do not want to talk unless you have an attorney present. Make sure they understand you want an attorney, not just to remain silent (they are two separate rights with two separate requirements for the police).  And don't talk to the police, regardless of what they say. At this point you can only harm yourself by "explaining."

Craig Elhart · Answer

You should contact and retain an experienced criminal defense attorney to assit you in this matter.  If the car was not stolen, and you were using it with permission, you should not be charged.  If you are charged, it would appear you have a valid defense.

Mark Broughton · Answer

If the car was never stolen, if it was legitimately "borrowed" or used with the owners consent, you will not be charged (or shouldn't be). The car doesn't have to be reported as stolen for a vehicle theft to occur. Say, for example, a car is stolen from a parking lot while the owner is shopping at the mall; the police stop the car with the thieves inside before the owner even knows it has been taken. That's a vehicle theft and the car wasn't rotted stolen.   It would be interesting to know just why the police thought the car was stolen, what information they had, and why they arrested you. If they had no probable cause the arrest was unlawful. My guess is that there are some missing facts in you scenario. Fortunately, you were released, but that doesn't account for the fact that you were arrested.

David Cohen · Answer

You are facing serious charges.  I recommend retaining an attorney to investigate and verify the validity of your possession of the car before communicating further with law enforcement.

James Schoenberger · Answer

You don't need to do anything until, and if, you are charged with a crime.

Craig Orent · Answer

Are you being charged with a crime? If not, then there's nothing for you to do other than possibly hiring a lawyer to be proactive and to be ready "if" you are charged. But if you were merely accused and later the police concluded you had not in fact committed a crime, then there is not much else for you to do.

Dennis Roberts · Answer

It is doubtful that the DA will charge this case once they check and see that it  wasnot listed as stolen. As for what you can do, you can do nothing. No one  is going to sue the cops for damages for busting you. Not enough money in it.

Stephen Richards · Answer

You need to get the arrest expunged.

Steven Fairlie · Answer

You can have a lawyer explain it to them.  If that doesn't work you can go to trial.

Eric Rothstein · Answer

The owner must have told the police it was stolen.

Robert Driessen · Answer

If the car was not stolen or reported stolen you cannot be charged with stealing a vehicle.

Joseph Dane · Answer

If you are innocent, you can file a petition for factual innocence.  If granted, that will seal, then destroy the record of your arrest and remove it from your background.  Or - you can just consider yourself lucky that nothing ever happened and no charges were filed.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What can I do if I was accused and arrested of stealing a vehicle?

20 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer