Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2009
    Location
    New Jersey
    Posts
    25

    Default Grand Theft Auto

    My question involves criminal law for the state of: California

    I was arrested for the first time in my life at gunpoint while walking to my rental car after leaving a friend's home. The 10 cops yelled, asking about 'needles', drugs and guns. There were none. They tore the car apart. 45 min later after the search yielded -0-, the cops began talking about a 'stolen car'. All but 1 cop left; we waited for tow truck. He then took me to jail where I was booked on GTA, poss known stolen prop.

    4 months later, 3 court appearances, no charges filed; no arraignment, yet I am still out on bond and have court appearances. The DA never speaks, only my lawyer does. On Saturday, I found the court web site and noticed it says that I am the one who requested the last continuance. Prior hearing info has no mention of continuance, just "NO CHARGES FILED" and the next court date. My private attorney told me just minutes before the most recent 1 minute hearing that the DA once again needed more time and was getting another continuance. The DA's name does not appear in my case info like I have seen for other's cases - "People rep by..".

    The car rental company's regional and local airport managers have both told me that they never filed a stolen car report; did not seek arrest warrant. I am told there is no discovery, since no charges filed and the case is "under review by the DA". > $1,000's in personal property were in the car when it was seized; now all gone. My home on the other side of the US is going into foreclosure while I stayed for court and hunted down my property to no avail.

    If no arraignment and no charges are even filed, what are these 'bail status' hearings for? I see no involvement by the DA at all in court. How long can this go on? If there was no stolen car report filed, there could not have been a warrant for my arrest on that night, right? Am I allowed to obtain any reports/files? Is it normal to have so many cops along with additional cars being lit up as I was taken down on concrete for an alleged stolen car? They were waiting and in hiding. They appeared from behind vehicles and trees, arms extended with guns and shouted my name. Not a word directed at my friend, 3 feet away. Only I was forced to the ground. A senior cop walked up and gently said to my friend "let's go inside, xxxx". No cuffs.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Grand Theft Auto

    If you're out on bail, charges have been filed. We can't investigate your court file, we have no access to the police reports, and we don't know what the police thought they might discover when they stopped you (or why they did so in such a dramatic fashion - although my best guess based upon what you've said is that you're the subject of an interstate drug smuggling investigation) so you need to talk to your lawyer.

  3. #3
    Join Date
    Nov 2009
    Location
    New Jersey
    Posts
    25

    Default Re: Grand Theft Auto

    I am very appreciative of your reply.

    I did followup with my US-renowned attorney and was told the purpose for the continued bail is that when or if the DA decides to file charges in the future, I wouldn't have to post bond again.

    Code:
    HONORABLE XXXXXXXXX PRESIDING. 
    COURTROOM ASSISTANT: XXXXXXXX  
    COURT REPORTER: N-NONE  
    DEFENDANT REPRESENTED BY PVT XXXXXXX.  
    DEFENDANT PRESENT. 
    NO COMPLAINT FILED 
    CONTINUANCE REQUESTED BY DEFENSE.  
    BAIL BOND STATUS HEARING SET 01/xx/2010 AT 8:30 IN DEPT. BOND. 
    DEFENDANT ORDERED TO RETURN ON ANY AND ALL FUTURE HEARING DATES. 
    CURRENT BAIL BOND CONTINUED.
    Except for the last appearance, my attorney has appeared for me -
    Code:
    DEFENSE COUNSEL APPEARS FOR DEFENDANT PURSUANT TO 977 PC.
    I wish I understood 1/4 of any this. I work for a Fortune 100 corporation and have never in the past nor am currently involved in any illegal drug activity whatsoever.

    It turns out my so-called friends are involved in criminal activity at some level. I had not seen them in years. So why do I pay for being "at the wrong place, wrong time" for a 10 minute visit to say good-bye as I left for the airport?

    Thank you for your time.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Grand Theft Auto

    The continuance was requested by the defense (i.e., you and your lawyer), so it appears that his hope is that the prosecutor will either investigate and determine that you're not involved, or will simply find that there's no crime involved. I can't mind-read, but I would infer that in requesting this your lawyer was concerned that seeking an outright dismissal might inspire the prosecutor to file a charge to prevent that outcome.

    It appears that your friends are involved in some heavy drug activity. Sorry to say, when you show up at a drug dealer's house in a rental car, on your way to the airport (or anywhere else), to any police agency monitoring the drug house you're going to look like a mule (somebody who's transporting drugs).

    1. Sponsored Links
       

Similar Threads

  1. Theft and Larceny: Grand Theft Auto
    By chp10_8 in forum Criminal Charges
    Replies: 16
    Last Post: 06-03-2010, 04:01 PM
  2. Theft and Larceny: Grand Theft Auto
    By fatbottomgirl in forum Criminal Charges
    Replies: 1
    Last Post: 11-13-2008, 07:17 PM
  3. Theft and Larceny: Grand Theft Auto
    By ravaged in forum Criminal Charges
    Replies: 11
    Last Post: 08-29-2008, 01:24 PM
  4. Theft and Larceny: Grand Theft Auto
    By bust it baby in forum Criminal Charges
    Replies: 1
    Last Post: 05-03-2008, 01:01 PM
  5. Theft and Larceny: Grand Theft Auto
    By Roy in forum Criminal Charges
    Replies: 1
    Last Post: 04-26-2007, 03:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources