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  1. #1
    Join Date
    May 2010
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    6

    Default Grand Theft Auto

    My question involves criminal law for the state of: California

    Hi im 24 years old and this is the story. i will leave nothing out as this site is non biased so I have no reason to lie. a couple of weeks ago a buddy of mine asked me to take his 2003 Escalade so that he can report it stolen at first I declined his offer my wife and I talked about the situation, and at one point she advised that we could use the extra money. So i went forth to the new job she assisted me in a lot of the removing of parts from the truck the front end (bumper, fenders, hood) the complete interior and the tailgate. So her fingerprints are on this about the same as mine we have 2 kids, and last Friday (5/21/2010) we got into a dispute where she left to her parents house, the vehicle was still in my garage at about 8:30 or so i get a call from a neighbor of mine informing me that there was 8 Police vehicles heading down my street (our community is patrolled by the Sheriff) advising me to flee the area to another neighbors house. i couldn't do this cause I had my 2 kids with me, so I locked all the doors and sealed the windows closed and my kids and I hid in the house for about 3 hours. The police left leaving one vehicle behind with 2 officers my buddy's setup a plan to get me and my kids out of the house. The plan worked I left the house without the police having knowledge of me being there at that time. I came back 3 days later to find that my house had been ransacked the stolen truck gone, the parts gone, and search warrant on my counter, stating that they could enter my house at 2:42 AM 5/22/2010. So my question is what am I looking at im not sure what my wife did so that she is not in trouble maybe she worked a deal with the DA or she just said she had no part in it I don't know. I would like to know what the Statute of Limitations is on this particular case and what happens after that or what jail time I could be facing. All help and comments are appreciated!

    Other facts: had keys to the vehicle and when police siezed vehicle the keys were still there, the house is not in my name it is a foreclosed house that I was asked to watch so that it would not be vandalized, no bills are in my name just have mail coming to the house and my DL address is that of the house

  2. #2

    Default Re: Gta, I Think

    For auto theft (a felony), the SOL is 3 years. That's how long the state has to bring charges against you. Sentences for felonies are measured in number of years in prison, but could possibly be pled down or part of the sentence served in parole. Since you involved your child in the "hiding from police" game, you can count on your wife requesting, and probably getting, custody of the child, and a court's order that you not be allowed around the child unsupervised, at least for some period of time.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Gta, I Think

    What screwed you was the On Star. Its traceable by GPS. You friend reported the truck stolen while you were still in possession of it.

    My defense would be that my buddy asked me to use my garage so he could replace some parts on his truck and along with complying with him I also helped him take the parts off.

  4. #4
    Join Date
    May 2010
    Posts
    6

    Default Re: Grand Theft Auto

    The onstar was deactivated, the vehicle was not found via onstar my wife told them where the vehicle was at, the kids were hiding with me however the police didn't and still do not have knowledge that I was there at the time that is why they left the house only being supervised by the one squad car. So if I lay low for 3 years then what do I do after that, after SOL has went into play and exactly when will it go into play? 3 years from the time they found the truck so 5/22/2013??

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,666

    Default Re: Grand Theft Auto

    By deactivated do you mean the subscription was canceled, or you dismantled the On Star?

    Quote Quoting chp10_8
    View Post
    So if I lay low for 3 years then what do I do after that, after SOL has went into play and exactly when will it go into play? 3 years from the time they found the truck so 5/22/2013??


    That would be super cool if it were to work like that, just think I could hold up a bank for a cool million and then lay low for three years and have nothing to worry about...

    But unfortunately they have three years to charge you with an offence. They can however charge you with the offence today and a warrant for your arrest will be issued and that warrant will remain in affect indefinitely.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Grand Theft Auto

    Quote Quoting chp10_8
    View Post
    a couple of weeks ago a buddy of mine asked me to take his 2003 Escalade so that he can report it stolen at first I declined his offer my wife and I talked about the situation, and at one point she advised that we could use the extra money. So i went forth to the new job she assisted me in a lot of the removing of parts from the truck the front end (bumper, fenders, hood) the complete interior and the tailgate.
    Okay, so you committed multiple serious felonies as did your wife.

    The police left leaving one vehicle behind with 2 officers my buddy's setup a plan to get me and my kids out of the house.
    Where do you live???? Gangster central? Does everyone you know commit crimes for a living??

    I would like to know what the Statute of Limitations is on this particular case and what happens after that or what jail time I could be facing. All help and comments are appreciated!
    Without knowing specifically what they might charge you with, we cannot say for sure what you might face as a penalty.

    However, the state has three years to commence prosecution for this. If you flee the state or if they obtain a warrant for your arrest, the SOL ceases to tick.

    I expect you will simply cross your fingers and hope for the best, but you SHOULD consult an attorney and find out how best to deal with the issue before you and your wife go to jail and your kids go to foster care ... though, given the wonderful example you two are setting, your kids will probably be better off in foster care!

  7. #7
    Join Date
    May 2010
    Posts
    6

    Default Re: Grand Theft Auto

    No we do not live in Gangster central as I stated I didn't want to go forth with this, and I appreciate your comments however I don't think my kids would be better in foster care I do understand the examples that I am setting for my kids and that they are wrong.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Grand Theft Auto

    Quote Quoting chp10_8
    View Post
    \So my question is what am I looking at im not sure what my wife did so that she is not in trouble maybe she worked a deal with the DA or she just said she had no part in it I don't know. I would like to know what the Statute of Limitations is on this particular case and what happens after that or what jail time I could be facing.
    Hiding is not going to help you. The police have lots of evidence of your crime, and went through the trouble of getting a search warrant to collect that evidence. They will charge you even if you're trying to hide, and the moment you're charged the statute of limitations stops running.

    If your wife is cooperating with the police, perhaps she'll keep herself from being charged so she can take care of your kids. Apparently you would rather live life as a fugitive than help her out with that?

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Grand Theft Auto

    Your not facing grand theft auto, your facing insurance fraud, and that is a serous crime.

    Hopefully you can take a plea for no jail time. Whatever you do, don't run and hide, it will just make it worse for yourself when they do find you.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Grand Theft Auto

    Quote Quoting chp10_8
    View Post
    No we do not live in Gangster central as I stated I didn't want to go forth with this, and I appreciate your comments however I don't think my kids would be better in foster care I do understand the examples that I am setting for my kids and that they are wrong.
    Let's see ... you committed a felony, you conspired with others - including your wife and the mother of your children - to commit felonies, you live in a neighborhood where the mere presence of police cars compels the neighbors to call you and give you a heads' up, and you have friends and neighbors willing to risk jail to allow you a chance to escape KNOWING the police are looking for you. If it ain't "gangster central" it's pretty close to a criminal lifestyle as anyone I can think of. I can think of a few neighborhoods like that, and none of them are places I would want to raise a family.

    And do you really think your kids are better off being raised by people who are by all appearances morally bankrupt and exposing them to all manner of difficulty and potential harm through their criminal enterprise? Really???

    You DO understand that of you are both convicted of this that the children will likely be taken, right? Even if merely charged, the children may well be removed from the home until the matter is evaluated further.

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