Q: How to drop charges in Texas for unauthorized vehicle use?
My grandma, who is the registered owner of a vehicle, wants to drop charges for the unauthorized use of her vehicle. The car was initially reported in Illinois but was later recovered in Texas, where charges were filed. Since no case is pending in Illinois, who should we contact to drop the charges in Texas? What paperwork is required, and if an affidavit is necessary, to whom should it be sent? Does the affidavit need to be notarized, and does it need to be sent to both states?
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A:
If the charges for unlawful use in TX involve a car accident, a death, or some other extra charge or bad issue, dropping the charges will not be easy. Here in Texas, most District Attorney offices are tough on dropping felony charges. Unauthorized use of a car, boat, or airplane, is a State Jail Felony.
You asked who to contact about dropping the charges. If the charges are against you, it would be the Assistant DA prosecuting the case, who can usually drop the case if he/she sees fit to do so.
You mentioned an Affidavit, and where and how to file or send the same. If someone told you that having your grandmother submit an Affidavit, would get the case dismissed, that may be true. But in Harris County, TX, that is true less than 50% of the time.
The reason I say that is because the car, going from IL to TX, is quite a trip. If the car was recovered in TX, or is that because you fled the scene, or was this a "rent a rock" situation? Did you take the car for something, then someone took the car from you? Is the car damaged? If so, the Insurance probably will not pay the claim for damages, unless someone is charged with a crime.
I have represented the accused in over 1000 criminal cases, across the country, and it seems like your case is not likely to get dismissed with only an affidavit from the car owner (Grandma).
Anyway, All Affidavits MUST be Notarized, unless made in open court, with a Clerk or a Judge.
I think you should have an attorney handle your TX matter. The good news is that Grandma can always say she gave you permission to use the car, and then forgot about it. As long as that doesn't result in her having to pay for any damage or towing. I also do not think any DA would subpoena Grandma down to Texas for a low-level felony case, wherein the victim has dementia or other memory issues. One last thing: Have Grandma hand-write the contents of her Affidavit, especially wherein she says I gave my grandson ______, permission to use my car on the ___ day of _____ 2024.
Good Luck!
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