Q: what evidence do they need to arrest for entering a vehicle?
my daughter was arrested for this, the victim had gave her some things weeks prior, they got into argument, she called and said my daughter took it out of her car, my daughter was arrested for entering a vehicle with intent
A:
All that is needed is probable cause to get the arrest warrant. It is best to contact an attorney who can assist with the specifics of your daughter’s circumstances and provide her with an appropriate defense.
We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
A:
This is an excellent question.
GA code 16-8-18 provides that if any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, she shall be guilty of a felony.
There is no law that a police officer has to have a specific type of evidence for the arrest in this case other than enough evidence or circumstances to constitute probable cause for the arrest. The amount of evidence necessary for probable cause is very ambiguous. Unfortunately, the other person's mere statement that your daughter did what they are accusing her of may amount to probable cause for the arrest.
Nevertheless, if your daughter was arrested for entering an automobile with the intent to commit theft, her defense is very strong if she can show that the vehicle owner gave her actual permission to enter the vehicle and take the items. Showing this can be done in various ways. Maybe there is evidence which shows that the owner saw your daughter driving the vehicle a week before she called the police and did not complain.
I would strongly advise you and/or your daughter to consult an experienced criminal defense attorney who can help her with her defense.
I have been practicing criminal defense for 24 years. Please do not hesitate to call me to discuss my case evaluation and fee quote.
Stay safe and good luck! Best regards,
Sean McIlhinney, Esq.
Cell: 404-932-3099
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