Falsely accused of auto theft

[mymess]

My ex-son in law and his wife have filed false charges against my daughter saying she stole their car. I know she did not do it because the new wife told me she gave her the keys to car. What happened was someone stole it while my daughter had it and totaled it. My ex-son in law wrecked a car he had about 3 years ago and reported it stolen. He was drunk. His insurance company got a tip that he filed a false police report and he can't receive payment on this car unless he can prove who stole it. He is also trying to gain custody of my grandchildren so he won't have to pay child support of which he is behind $3,000.00. My 9 year old grandchild overheard her dad talking her stepmom into filing the false report. He said they would get a new car and get custody of the kids because their mom would be in jail. Can a child talk to a judge or attorney? My daughter is in a mess and we need any suggestions. PLEASE! We are in North Carolina.

[seniorjudge]

Q: Can a child talk to a judge or attorney?

A: Yes; if the child wants to talk to the cops, then let her.

[aaron]

Your daughter needs to get the help of a criminal defense lawyer. There are issues involved in calling a child as a witness in what amounts to a swearing contest ("he said, she said") between the parents, which the lawyer would probably wish to discuss with your daughter before determining whether the child should be called as a witness.

How did your daughter supposedly steal the car? Did she file a police report when the car was stolen? How soon after your daughter took possession of the car did your ex-son-in-law report it stolen, and was that before or after the crash?

[mymess]

My daughter, the ex and his wife had gone out to eat. They stopped by a mutual friends house and were drinking. When it was time to leave they asked my daughter to drive them to their house. She and her boyfriend had recently broken up and she asked the new wife to take her by his house to see if a girls car was there. She said she wouldn't take her but gave her the keys and told her to come right back. They told the police they had hidden the keys and she had found them and taken the car.
She did report the car stolen. The ex didn't report it stolen until afternoon. He told my daughter over the phone (I heard this because I ws listening) that if we didn't bring him our van to drive he was going to report she stole the car. It was after he found out it was crashed.
The policeman who came to arrest her a month ago let her go without processing the warrant because he said he didn't believe she stole the car.
Yesterday they brought another warrant saying a detective had decided after talking with the ex that the charges should be filed. He did not talk to us.

[Mr. Knowitall]

You didn't address the timing of the accident as compared to the police reports. You also don't indicate how the car could have been stolen, if all your daughter was doing was driving by her ex-boyfriend's house and driving back.

I expect that the hypothesis of the police and prosecutor is that your daughter was too drunk to drive, crashed the car, abandoned the crash scene to avoid a drunk driving charge, then filed a false police report claiming the car had been stolen.

[moburkes]

You didn't address the timing of the accident as compared to the police reports. You also don't indicate how the car could have been stolen, if all your daughter was doing was driving by her ex-boyfriend's house and driving back.

I expect that the hypothesis of the police and prosecutor is that your daughter was too drunk to drive, crashed the car, abandoned the crash scene to avoid a drunk driving charge, then filed a false police report claiming the car had been stolen.

I'm in agreement. When was your daughter outside of the vehicle in order for someone to steal it, if she simply drive it to the boyfriend's house, then return it?

[rmet4nzkx]

Something is wrong with your daughter's story and she needs a criminal defense attorney. Second it sounds as if your daughter, while she may have her issues with her ex, has some problems with using good judgement. Going out to bars with an ex and their wife when she knows they are trying to get custody or to have child support lowered because of arrears, is, well, you know, I don't have to tell you. Then to borrow the car to stalk her recent ex boyfriend, well, more of the same. Then for the car to somehow be stolen when she was only going to be driving and not parking, unless there is something you are not telling us? The story doesn't jive. If they all went in the same car, where was hers and how did she get back to it? Or if she drove them home and needed to go home herself, why didn't she just go straight home, and if the car was parked there and there was nothing about driving by the ex boyfriend's house being an issue, her story might be believed. Does she suspect or is she trying to say her ex did the same thing again, and stole his own car and crashed it? If so, there will be fingerprint evidence to be explained.

[mymess]

She called the police as soon as the car was taken. She had been drinking and pulled over at a gas station five minunets from her ex's house and was sick. The police spoke with the store clerk who saw her pull up in the car but he didn't see anyone take it. The car was found several miles away. They don't think she crashed the car. The issue is her ex saying she took the car without his permission.

[moburkes]

She called the police as soon as the car was taken. She had been drinking and pulled over at a gas station five minunets from her ex's house and was sick. The police spoke with the store clerk who saw her pull up in the car but he didn't see anyone take it. The car was found several miles away. They don't think she crashed the car. The issue is her ex saying she took the car without his permission.

Did she take the keys out of the vehicle when she went into the store? Why was she driving if she was drunk enough to get sick?

[mymess]

No. She left the keys in the car. That was her fault. Driving while drinking is a very stupid thing to do. I don't know why she did it. For her to drink is rare. She lives with me and is usually home. This night she made poor choices.