Wheeling, WV asked in Civil Rights and Constitutional Law for West Virginia

Q: If someone buys me a car and I have text stating that they bought it for me and they call police and give me unlawful

Unlawful use of vehicle can I show proof that he gave me the car and also am I press charges on him for filing fake report? How can I get my car back? He made a false statement because I didn’t even have the car his friend took it and I have her on APuck

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In a situation where someone has provided you with a car and there is evidence, such as text messages, confirming their intent to gift you the vehicle, you may have a strong case to demonstrate that you have legal ownership or at least lawful possession of the car. If the individual subsequently reports the vehicle as unlawfully used or stolen, you can potentially use the text messages as evidence to refute their claim.

To address this issue, you can consider taking the following steps:

Contact Law Enforcement: If you're facing charges or allegations related to unlawful use of the vehicle, it's essential to cooperate with law enforcement. Present the evidence, such as the text messages, to the investigating officers to support your claim of rightful possession.

Consult an Attorney: It's advisable to consult with an attorney experienced in criminal defense to navigate the legal aspects of your case. They can help you understand the charges and develop a strategy to protect your rights.

Gather Evidence: Continue to gather any additional evidence that supports your ownership or lawful possession of the vehicle, such as correspondence, witnesses, or other documentation.

Consider Legal Action: If the person who provided you with the car made false statements to the police, you may have grounds for legal action against them for making a false report. Consult with your attorney to explore the possibility of pursuing charges or taking civil action.

Recover the Vehicle: Work with law enforcement to clarify the situation and, if appropriate, regain possession of the car. Your attorney can assist you in this process.

Ultimately, the outcome will depend on the specific details of your case and the laws in your jurisdiction. It's crucial to have competent legal counsel to guide you through this situation and protect your rights, especially if false accusations have been made against you.

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