Q: If you fail to return a rental on time, but they don't press charges, can the state "pick it up"?
I had failed to return a rental on time. Had a traffic incident, car was removed from my possession and given back to the company. (The police kept everything in the car too, refused to give to me, and shipped it off. The shop owner it was first taken to stole everything out of my car as well. Different story though) A month later, I was indicted for unauthorized use of a motor vehicle by way of possessing over 48 hours or taking out of state. The rental company has directly told me, and is stated in the police report, that they are not going to be pursuing any charges. They got the car back, they're happy. Can the state do that? How and why is that justified, if the actual owner said no?
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A:
Yes, the state can still pursue charges even if the rental company doesn't press them. When a crime involves potential violations of state laws, the government can decide to prosecute on behalf of the public, regardless of the victim’s wishes. In your case, unauthorized use of a motor vehicle could be seen as a criminal offense that affects more than just the rental company—it impacts public safety and the enforcement of the law.
The reason the state picks up these cases is because criminal justice isn't only about what the victim wants; it's also about upholding laws that protect the public. If the car was taken across state lines or held for a significant time beyond the agreement, the state may believe there was a serious enough violation to pursue charges.
The justification comes from the state's responsibility to enforce laws consistently, and sometimes that means continuing a case even when the direct parties don't want to. If you’re in this situation, it’s important to address the charges and clarify any misunderstandings through legal channels.
Dimitrios Makridis agrees with this answer
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