QUESTION
In this case, did theft actually occur even though we never left the scene?
Asked on Dec 06th, 2012 on Criminal Law - Florida
More details to this question:
A friend and myself called a cab and received a ride for several blocks before the driver and my friend had a dispute over the fare he was charging. The cabbie stopped the cab while he and my friend argued. I was standing outside the cab waiting for them to resolve the issue. The cab driver called the cops. We never left the scene or attempted to flee. The cops arrived and cab driver said we were refusing to pay the fare. The cops arrested both of us and charged us with 'theft of services'. Can the cab company or driver drop these charges if an agreement is reached? Are both passengers equally responsible even if just one passenger is handling the payment arrangement with the driver? If the company is willing to drop the charge, could the city still prosecute? Thank you.
9 ANSWERS
Thomas Edward Gates
Yes, attempted theft is still punishable.
Answered on Dec 10th, 2012 at 2:07 PM
John J. Carney
In New York City there is no dispute over the fee, it is on the meter. You are both responsible for the fare. Retain a good criminal attorney to get the case dismissed so that you do not get a criminal record. You committed a crime over a few dollars and that is bad decision making.
Answered on Dec 09th, 2012 at 8:23 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 09th, 2012 at 7:40 PM
Michael J. Breczinski
First the Company could settle with you. Second the State could still prosecute even if you settle. Third the person arguing with the cabby is definitely wrong, but the other did not offer to pay. It is like eating a meal in a diner and refusing to pay it is theft.
Answered on Dec 09th, 2012 at 7:18 PM
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This sounds like a good candidate for a thing called a misdemeanor compromise. Get your attorney to use it if possible. If you don't have an attorney get one.
Answered on Dec 09th, 2012 at 6:52 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Technically the prosecutor acts on behalf of the people and can and sometimes will proceed without the cooperation or permission of the complaining witness, although they don't often like to. The cap company can ask the prosecutor to dismiss the case and he might very well do so, just keep in mind that he doesn't have to. You can see if a civil agreement can be made in lieu of prosecuting but speak with an attorney first to go over all the ins and outs and pros and cons of such an agreement.
Answered on Dec 07th, 2012 at 3:41 PM
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Theft depends largely on what you intended. You have a good argument that you never intended to steal anything. Your friend was the one arguing, and the cabbie called the police before anything could be resolved. Hire a lawyer to help you make the argument, and your chances of an acquittal or a dismissal will improve.
Answered on Dec 07th, 2012 at 12:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are number of facts which I would like to have clarified before rendering an opinion. Who called the cab or flagged. Yes most commonly both passengers would be equally liable for the fair and yes most commonly if the cab company receives the correct fair I would suspect they would be amenable to dropping the charges, although it will be up to the city prosecutor.
Answered on Dec 07th, 2012 at 12:10 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney. It seems to me that there was no crime committed under these facts.
Answered on Dec 07th, 2012 at 12:09 PM