Re: False Report of Car Theft by an Ex-Girlfriend
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coconutgrl11
My question involves criminal law for the state of: Las Vegas
My husband was arrested last year for auto theft, I don't know all the details.
Here you say that you do NOT know all the details ... yet, later, you wrote: " I know the whole story was simply sharing the basics!"
Which is it??? I suspect that you THINK you know all the details, but, if you are relying on your husband for the facts they are almost certainly filtered (i.e. sterilized).
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However it involved a upset girlfriend who reported her car stolen even though she allowed him to use it. He already served sometime for this, and was to return to court several months later.
What do you mean he "served some time" for it? Did he plead guilty and serve some time as part of the conviction? Did he serve time prior to being released on his own recognizance or bail? Did he "forget" about the court before or after he left the state?
Keep in mind that if she let him borrow the car, he would not have been guilty of auto theft and he should have taken the matter to trial. I suspect there is more to it than that - one simply doesn't "forget" a felony court proceeding and then leave the state! The state would have had to prove that he took the car without her consent, he would not have had to prove that he took it WITH consent.
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He forgot about it, as we live out of state and didn't receive notification. I found out the other day that he now has a bench warrant. What can we do to resolve this issue?
As you have been informed. HE needs to consult an attorney ASAP. HE will need to go back to the jurisdiction where the warrant was issued and either get the warrant recalled and a new court date set if they will permit it, or, he can be arrested and booked on the warrant and be prepared with bail pre-arranged. Ignoring it will not make it go away.