Page 4 of 4 FirstFirst ... 2 3 4
Results 31 to 38 of 38
  1. #31
    Join Date
    Dec 2019
    Posts
    152

    Default Re: Late Car Rental

    Quote Quoting PayrolGuy
    View Post
    So you are suggesting the OP simply sit and hope the prosecutor decides to drop/not move forward with the charges?

    My point is if the OP obtains counsel that counsel may well be able to move the prosecutor towards that outcome.
    Like I said, the prosecutor was not involved so no defense attorney was necessary. And yes, the next move was on them to file charges.

  2. #32
    Join Date
    Jul 2010
    Posts
    7,784

    Default Re: Late Car Rental

    Neither side is going to budge as these are opinions and those are like you know whats. OP has been given options to mull over. How about we D-X the back and forth until such time as OP returns with further details or questions?

  3. #33
    Join Date
    Nov 2013
    Posts
    6,663

    Default Re: Late Car Rental

    The entire situation is ridiculous. I would like to see the police report that the owner filed that resulted in an arrest warrant. The owner knew they rented the car to someone. They wanted it returned on Thursday. Instead of reaching out to the renter via phone or text as to what the situation was, they filed a report of a stolen car. And on Saturday they report it stolen. And on Sunday they get the car back.

    Why didn't the owner report that they got the car back before the warrant was issued?

    I doubt a court is going to say that there was an intent to steal the car.

    I would (when all is said and done) sue that owner for filing a false police report that the car was stolen and try to recover any expense it cost to get this ridiculous situation resolved.

  4. #34

    Default Re: Late Car Rental

    As I stated before, no police report may have been filed. The party may have gone to the magistrate and sworn out a warrent. Very common in the south.

  5. #35
    Join Date
    Nov 2013
    Posts
    6,663

    Default Re: Late Car Rental

    Do you think the magistrate would issue a warrant if the party stated all the facts, that the car was a rental, that they did not contact the renter before getting the warrant and the return was 1 maybe 2 days late?

  6. #36
    Join Date
    Jul 2010
    Posts
    7,784

    Default Re: Late Car Rental

    Quote Quoting budwad
    View Post
    Do you think the magistrate would issue a warrant if the party stated all the facts, that the car was a rental, that they did not contact the renter before getting the warrant and the return was 1 maybe 2 days late?
    Honestly, it depends on the magistrate. I'm not saying you could get a warrant for a ham sandwich down here but it's not unheard for a magistrate to be real cooperative when it comes to warrants. It's also possible that the owner knew the magistrate, good ol' boys and all that.

    We also do not know that the owner didn't try to contact the renter. OP only says that they, meaning the OP, made no real attempt to communicate.

  7. #37
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Late Car Rental

    This is from a county court website in Georgia


    https://www.magistratefulton.org/182...ation-Hearings


    If the crime is a felony or involves allegations of a sexual offense, the case must be investigated by the law enforcement before you may apply for a warrant. A warrant application will not be scheduled on a pending felony investigation, except at the request of the investigating detective.
    given gta is a felony, and presuming that is a state wide condition, it doesnít sound like the warrant is based only on the applicants claims.

    like so many situations presented here, itís likely something important is missing from what has been posted.

  8. #38
    Join Date
    Nov 2013
    Posts
    6,663

    Default Re: Late Car Rental

    In the time frame that OP established mainly the car was to be returned on Thursday and was returned on Sunday (3 days later), it does not jive with the Georgia statute. It takes at lease 2 weeks for the judge or magistrate to hear the case on probable cause and issue the warrent. So how did an arrest warrant get issued within 2 days even in Georgia?

    2010 Georgia Code
    TITLE 17 - CRIMINAL PROCEDURE
    CHAPTER 4 - ARREST OF PERSONS
    ARTICLE 3 - WARRANTS FOR ARREST
    ß 17-4-40 - Persons who may issue warrants for arrest of offenders against penal laws; warrants requested by others; persons who may issue warrants for arrest of law enforcement or peace officers or school teachers or administrators
    O.C.G.A. 17-4-40 (2010)
    17-4-40. Persons who may issue warrants for arrest of offenders against penal laws; warrants requested by others; persons who may issue warrants for arrest of law enforcement or peace officers or school teachers or administrators


    (a) Any judge of a superior, city, state, or magistrate court or any municipal officer clothed by law with the powers of a magistrate may issue a warrant for the arrest of any offender against the penal laws, based on probable cause either on the judge's or officer's own knowledge or on the information of others given to the judge or officer under oath. Any retired judge or judge emeritus of a state court may likewise issue arrest warrants if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.

    (b)(1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection unless the person accused has been taken into custody by a peace officer or law enforcement officer or except as provided in paragraph (6) of this subsection; provided, however, that a warrant may be denied without the notice required in paragraph (2) of this subsection where the application form and any testimony from the affiant provided at the time of the application do not demonstrate probable cause for issuing a warrant.


    (2) Except as otherwise provided in paragraph (6) of this subsection, a warrant application hearing shall be conducted only after attempting to notify the person whose arrest is sought by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing.


    (3) If the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present.

    (4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause.

    (5) At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge or other officer finds that probable cause exists, the warrant may issue instanter.

    (6) Nothing in this subsection shall be construed as prohibiting a judge or other officer from immediately issuing a warrant for the arrest of a person upon application of a person other than a peace officer or law enforcement officer if the judge or other officer determines from the application or other information available to the judge or other officer that:

    (A) An immediate or continuing threat exists to the safety or well-being of the affiant or a third party;

    (B) The person whose arrest is sought will attempt to evade arrest or otherwise obstruct justice if notice is given;

    (C) The person whose arrest is sought is incarcerated or otherwise in the custody of a local, state, or federal law enforcement agency;

    (D) The person whose arrest is sought is a fugitive from justice;

    (E) The offense for which application for a warrant is made is deposit account fraud under Code Section 16-9-20, and the person whose arrest is sought has previously been served with the ten-day notice as provided in paragraph (2) of subsection (a) of Code Section 16-9-20; or

    (F) The offense for which application for the warrant is made consists of an act of family violence as defined in Code Section 19-13-1.

    In the event that the judge or officer finds such circumstances justifying dispensing with the requirement of a warrant application hearing, the judge or officer shall note such circumstances on the face of the warrant application.

    (7) No warrant shall be quashed nor evidence suppressed because of any irregularity in proceedings conducted pursuant to this subsection not affecting the substantial rights of the accused under the Constitution of this state or of the United States.

    (8) Nothing contained in this subsection shall prohibit a judge from denying a warrant based upon the application and testimony heard at the time such application is made without requiring notice to the person whose arrest is sought.

    (c) Any warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court.

    1. Sponsored Links
       

Page 4 of 4 FirstFirst ... 2 3 4

Similar Threads

  1. Moving Out: Late Rental Refund
    By 83cj8 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-29-2012, 12:21 AM
  2. Rental Agreements: Rental Agreement Late Fee Law in California
    By pman6 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-28-2012, 01:47 PM
  3. Security Deposits: California Rental Late Fees
    By BJBOOIE in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-10-2011, 08:52 PM
  4. Rent and Utilities: Ohio Rental Late Fees
    By angryOHtenant in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 06-27-2008, 09:49 AM
  5. Moving Out: Vacating Rental Property Late
    By canngood in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-08-2007, 06:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources