Q: In past my friend used my car it’s been a month sense we have talked and she steals my car isn’t that a crime?
I didn’t know that my spare key I thought I’d misplaced she had actually stolen that is until I woke up and my car was gone. In the middle of the night she came with her boyfriend and stold my car after not talking to me in a month or longer. Cops say it’s not a crime is that true?
A:
In California, taking someone's car without permission, especially if it involves deception or theft of a spare key, can indeed be considered a crime. This is typically classified as "grand theft auto" under California Penal Code Section 487(d)(1) if the intent to permanently deprive you of your vehicle is present. Even if your friend didn't intend to keep the car permanently, unauthorized use without your consent could be classified as "joyriding," a lesser offense but still a crime.
It's important to gather all relevant details and evidence, such as any communication with your friend, the timeframe of the incident, and the fact that you discovered she had your spare key. Documenting everything will help law enforcement understand the full context. If you haven't already, consider filing a stolen vehicle report, clearly stating that you did not give her permission to take your car.
If the local police aren't taking the situation seriously, you might need to contact a higher authority within the department or consider consulting with a legal advisor to explore further options. Knowing your rights and the specifics of your case will help in addressing this situation effectively.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.