QUESTION
What could be the outcome of a larceny of motor vehicle charge without a DNA or video?
Asked on Aug 25th, 2012 on Criminal Law - Florida
16 ANSWERS
Estate Planning Attorney serving Farmington Hills, MI
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Law Offices of Matthew M. Friedrich, P.L.L.C.
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Depends on the evidence. Is there an admission by the defendant? Are there eyewitnesses?
Answered on Jun 13th, 2013 at 2:35 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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A finding of guilty after trial.
Answered on May 29th, 2013 at 10:30 PM
3 Awards
The pros has to prove you had possession of the car and knew it was stolen - there are many other ways to do that, but it is better that they do not have this evidence.
Answered on Sep 05th, 2012 at 12:00 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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COULD be? Conviction and prison time. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. The charges actually filed by the prosecutor will determine how much time and other penalties could potentially be imposed. You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes will add penalty enhancements under the 3-Strikes rules. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 05th, 2012 at 11:03 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Burden on proof is on the prosecution. Sounds like a hard case to prove but cases can be proved through the use of circumstantial evidence.
Answered on Sep 04th, 2012 at 12:31 PM
The outcome could be grand theft auto depending upon the evidence.
Answered on Sep 04th, 2012 at 12:00 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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It is a theft, and the level of felony depends on the value of the vehicle. It does not matter if there is DNA or a video; the question is whether there is sufficient evidence for a jury to convict you beyond a reasonable doubt.
Answered on Sep 03rd, 2012 at 11:30 PM
Michael J. Breczinski
Depends on what other evidence there is but it could be anywhere from acquittal to being convicted.
Answered on Sep 03rd, 2012 at 12:12 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot tell you. It depends on your prior record, the evidence which exists and whether the car was damaged.
Answered on Sep 03rd, 2012 at 11:56 AM
Depends on the rest of the evidence.
Answered on Sep 01st, 2012 at 9:22 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Arrest and conviction, jail time and a criminal record. Without any facts that is all I can tell you.
Answered on Aug 31st, 2012 at 11:33 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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That evidence is not required for a conviction.
Answered on Aug 31st, 2012 at 11:29 PM
A larceny conviction if you have no legal representation, that's for sure!
Answered on Aug 31st, 2012 at 9:46 PM
Leonard A. Kaanta
That are found guilty.
Answered on Aug 31st, 2012 at 9:26 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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It depends on other evidence, such as witneses, recovery of the property, and even the accused's prior record.
Answered on Aug 31st, 2012 at 9:04 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Theft is the term used in Florida. The outcome of any case depends upon the charges and the abilities of the attorneys.
Answered on Aug 29th, 2012 at 4:24 PM