Shoplifting, Larceny, Robbery, Theft Is Possession of a stolen vehicle a felony??

[mightymoose]

The 496 charge likely arose from the fact that he was driving a car that was stolen. It is low hanging fruit at the time of the arrest.

The prosecutor will have a lot more information when it comes time to get an indictment.

Yes, it is extremely common for the DA to modify the initial charges submitted by the police. For the reasons above, 496 and 487 are very weak under the known circumstances. 496 is the goto charge for the arrest- the only detail the police would have is that the vehicle was reported as stolen and this was the person who had it. The manner in which it was actually obtained will be reviewed later, and it does seem the 10855 fits best, and only because of its 5 day rule. That rule negates any lame excuses that may have been offered for why the vehicle wasn't returned on time.
I did see a good faith defense in the jury instruction, but it wouldn't fit this scenario.

I imagine this happens more than I realize, but it is new to me. We hand off just about everything vehicle related, including DUI, to the chippies. They like the stats and we like less paperwork.

 

[Highwayman]

In the jurisdictions where I work, if the rental company reports it stolen it is treated as a grand larceny (auto). You can't just take rental cars and not return them..

 

[army judge]

You can't just take rental cars and not return them..

These days, my friend, impossible things happen regularly.

I'd have never thought you could walk across a border, claim asylum, and start receiving $4,700 a month tax free, food stamps, free housing, etc... but its happening with impunity.

People are puffing green leafy vegetable matter where puffing tobacco products are outlawed, yet they rarely get arrested.

I am encouraged to learn that your jurisdiction doesn't ignore a thief keeping a rental car beyond the agreed upon return date and treats such misbehavior as a criminal act.

 

[Highwayman]

I should have said "legally take"!

At the very least a person in New York would be charged with Unauthorized Use of a Motor Vehicle if not Grand Larceny.

 

[marc pelta]

It is a misdemeanor with up to 1 year in county jail.

But don't be surprised if the charge is modified to a felony because he is the one that actually stole the car.

Often times the DA will file it as a felony, hoping to get a misdemeanor guilty plea out of it.

 

[marc pelta]

My boyfriend was detained the other day because apparently he rented a vehicle from Enterprise and stopped paying it and never returned the vehicle I knew nothing about him not paying it or that it was even reported stolen. He is being charged with possession of a stolen vehicle. So I guess my question is how severe is a charge like that and how much time can he possibly do?B that he has no previous criminal record as an adult and has never done something like this before.

Most DA Offices take into account the lack of a criminal record; however, depending upon the county, it could still be filed as a misdemeanor with the DA's goal of obtaining a misdemeanor guilty plea.