My son took his roommates truck without permission……
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My son took his roommates truck without permission……
New Link Destination
take another friend home and on the way back the truck broke down. His roommate had him arrested for joyriding and they are also demanding $27,000 for replacement. The truck 16 years old and is only worth at the most $9,000. Is the issue on the money a civil matter? This is his first time over getting in trouble and the prosecutor won’t work out a deal because the victim won’t take anything less than the $27,000. Am I wrong to think this is 2 separate issues the criminal charge of the Class A misdemeanor and the civil for the truck motor repairs. The prosecutor is keeping the whole thing as criminal. s this right?
Asked on September 20, 2019 under Criminal Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The prosecutor cannot force the victim to bring a civil legal action, even though you are right--the issue of compensation is more properly civil. Prosecutors only have power over the criminal case. And many prosecutors will not work out a plea (under their office's or court guidelines) without victim consent. So the procescutor cannot make the victim agree to a plea and instead sue in civil court, even though that is what should happen.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.