Theft by Failure to Return a Rental Car

My question involves criminal law for the state of: California and New York

What is (or is there) the statute of limitation on rental car theft in California and New York?
If someone rented a car in Los Angeles in 2002, but never returned it and the car was recovered in New York in 2005. NYPD issued a warrant for this person's arrest, but was never arrested.

not sure why issued a warrant since the crime was committed in California but once a warrant is issued, there is no statute of limitations to worry about.

so, as long as a warrant was issued by a venue with valid jurisdiction within the statute of limitations for the crime involved, the statute of limitations issue goes away.

Thanks for your quick reply, jk.

TO clarify, since the car was missing for about 3 years, the insurance company paid out the LA car rental co.'s loss and listed the car as stolen in the national database. When the car was ticketed for illegal parking on a NY street, it matched the VIN of the stolen car from the database and was towed to the NYPD impound. They found personal documents inside the car belonging to the same person who rented the car in LA 3 years earlier. They showed up at the this person's residence in NY with the arrest warrant, but no arrest was made, because he wasn't there.

So, are you saying that the statute of limitation is running (or has run out) in California, but in New York there is still an arrest warrant?

There is not a statute of limitations on a warrant anywhere.

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Quoting BigDee

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So, are you saying that the statute of limitation is running (or has run out) in California, but in New York there is still an arrest warrant?

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No, he is saying that once a warrant is issued the SOL is no longer a factor. The SOL governs how long the gov't has to bring charges. Since this is a car, it is likely to be a felony. Depending on the exact charge, the SOL is probably no longer in play.

If the car is not returned to its owner within five days after the lease or rental agreement has expired, California law presumes that the person who rented it has embezzled the vehicle. (Section 10855 of the California Vehicle Code)

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Quoting BigDee

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So, are you saying that the statute of limitation is running (or has run out) in California, but in New York there is still an arrest warrant?

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No, the CA arrest warrant does not go away with the passage of time. The Statute of Limitations only concerns the time that must pass between the crime or the discovery of the crime and the initiation of legal proceedings. Once a warrant is issued it is like a diamond - it is forever.

In both states (CA and NY)?

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The arrest warrant was issued in NY, not in CA (to my knowledge). Does it make any difference?

I suspect the warrant was issued in California and NY is attempting to apprehend him after which he will be extradited to California to face charges.

the (to my knowledge) strongly suggests you simply have no idea what is going on.

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Quoting BigDee

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In both states (CA and NY)?

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The arrest warrant was issued in NY, not in CA (to my knowledge). Does it make any difference?

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If there was also an arrest warrant issued in NY it was probably for being in possession of stolen property. He could also be extradited to CA for their arrest warrant as well.

But, since YOU haven't seen the warrant, YOU really don't know.

Is there a place/source where this warrants/charges can be checked/confirmed?

The police department. Just go on in and ask them to check and see if you have any warrants.

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Quoting CourtClerk

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The police department. Just go on in and ask them to check and see if you have any warrants.

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Sorry, my bad. Being that this a law forum, I just assumed that everyone would understand that I was asking about legal avenues.

So, let me rephrase: Is there a way within the legal system that these charges/warrants can be checked/confirmed?

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Quoting BigDee

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Sorry, my bad. Being that this a law forum, I just assumed that everyone would understand that I was asking about legal avenues.

So, let me rephrase: Is there a way within the legal system that these charges/warrants can be checked/confirmed?

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Ohhhh OK. So let me rephrase: Yes, you go to the police department and they can check for you. Last I checked, the police department is within the legal system.

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Quoting BigDee

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Sorry, my bad. Being that this a law forum, I just assumed that everyone would understand that I was asking about legal avenues.

So, let me rephrase: Is there a way within the legal system that these charges/warrants can be checked/confirmed?

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The issuing court MIGHT have a website that lists arrest warrants ... it might not. Aside from access to a state or nationwide database that contains warrants, there is no single source for warrant info.

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Quoting cdwjava

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The issuing court MIGHT have a website that lists arrest warrants ... it might not. Aside from access to a state or nationwide database that contains warrants, there is no single source for warrant info.

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Thanks, cdwjava.

Isn't anyone else dying to know why it appears someone jacked a rental car and kept driving it for years?

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Quoting CourtClerk

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Ohhhh OK. So let me rephrase: Yes, you go to the police department and they can check for you. Last I checked, the police department is within the legal system.

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You are a sad, sad person, CourtClerk. I'm sure that there are forums out there more suitable for the likes of you.

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Quoting jk

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not sure why issued a warrant since the crime was committed in California but once a warrant is issued, there is no statute of limitations to worry about.

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The criminal activity crosses state lines, so I can see how charges could end up being authorized in New York. See, e.g. NY CPL Sec. 20.20.

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Quoting jk

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so, as long as a warrant was issued by a venue with valid jurisdiction within the statute of limitations for the crime involved, the statute of limitations issue goes away.

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It seems worth adding that in most states, an absence from the state will toll (extend) the statute of limitations.

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Quoting BigDee

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You are a sad, sad person, CourtClerk.

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I'm not sure what you wanted to be told.

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Quoting Disagreeable

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Isn't anyone else dying to know why it appears someone jacked a rental car and kept driving it for years?

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Yes, there is obviously more to this story. The person involved claims to be an identity theft victim and there is a police report in LA from year 2000, following the home burglary where some of his personal documents were stolen.

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Quoting BigDee

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Yes, there is obviously more to this story. The person involved claims to be an identity theft victim and there is a police report in LA from year 2000, following the home burglary where some of his personal documents were stolen.

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But ... the CAR ended up in his possession! Is he alleging that someone fraudulently rented the car in his name and then GAVE it to him??

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Quoting cdwjava

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But ... the CAR ended up in his possession! Is he alleging that someone fraudulently rented the car in his name and then GAVE it to him??

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Nope, he is alleging that someone used his identity to rent a car in LA. The car didn't end up in his possession, it was impounded in NY 3 years later with some of his documents in it.

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Quoting BigDee

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Nope, he is alleging that someone used his identity to rent a car in LA. The car didn't end up in his possession, it was impounded in NY 3 years later with some of his documents in it.

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So, he just happened to be IN NY, the mystery thieves happened to fraudulently rent the car and then bring it to NY, and the alleged suspects just happened to leave some papers of his in the car for three years. Sounds ... curious (as in, "unbelievable"). He'd better hope that those docs are old and yellowed, or otherwise dated pre-theft. Of course, most rental companies have video surveillance and chances are there is a picture of the person doing the renting, and we can also assume that the renter presented a driver's license with a name and photo ... all of this put together would be a HECK of a frame job, or, a helluva coincidence bordering upon the utterly fantastic.

Well, at least he might have an argument to provide his attorney ... but, he ain't gonna get out of the warrant yelling, "It wasn't me!"

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Quoting BigDee

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You are a sad, sad person, CourtClerk. I'm sure that there are forums out there more suitable for the likes of you.

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Last time I looked, polite people said "Thank you" when provided with legally correct information.