Shoplifting, Larceny, Robbery, Theft Trashed my car...Criminal?

[LafayetteLegal]

I live in Louisiana...About a year ago I was drinking with my friends and discussed my situation with my vehicle. My payments were going up by a large amount and I wished the vehicle would just disappear. Intoxicated, I gave the keys to my buddy and he ended up taking the vehicle to Ohio and burning it. I informed the insurance company and my finance company. I continued the payments and about 3 months later the finance company informed me they would have to show the vehicle as a repossesion due to it being uninsurable. They would get back to me with the final cost and we would work out the payment of that at that time. I continue to pay on the balance to this date. Problem?...I was arrested for attempted theft about the same time the vehicle was going into repossesion. My name was on the title as owner and the finance company as the 1st lien holder. They did not file anything with the courts. Is this attempted theft charge viable? Shouldn't this be a civil matter? Of course I should hire an attorney, but just wondering how this can be criminal attempted theft of my own vehicle?

 

[seniorjudge]

Q: Of course I should hire an attorney, but just wondering how this can be criminal attempted theft of my own vehicle?

A: "My payments were going up by a large amount and I wished the vehicle would just disappear." In other words, it wasn't JUST your own vehicle. You were messing with mortgaged property which is a felony.

 

[LafayetteLegal]

I don't have a criminal record and fully accept responsibility. Would it help since I am continuing the payments and what, if anything, can I do to lessen the blow. There was no insurance money paid out and the insurance company was told of the situation. I understand the felony on morgaged property. Any advice would be helpful.

Thank you

 

[seniorjudge]

Have you talked to the lender?

That may be the place to start.

 

[LafayetteLegal]

Yes...They are not pressing the charges. All they want is for me to continue with the payments. It is the local courts. That's my confusion. I spoke with both insurance and finance company right from the start. All they are worried about, again is getting their money of which I am paying.

 

[seniorjudge]

Even if you are paying the lender, that does not mean you have not committed a crime.