Taking a Vehicle without Consent Cases at LAX Airport Court
This is a big question because with all these people coming to the airport, many individuals are renting cars and then not returning them when they're supposed to.
If you're a day or two late, if you call in, if your credit card is on file and they can bill your credit card, then you won't have a problem. But, if you start this game where:
- you're weeks and months late, or
- you cause the car to get stolen,
- somehow, your credit card doesn't work anymore, and
- the rental car company is out of money and
- even their vehicle in some cases.
Then, you'll be arrested and charged with California Vehicle Code 10851 VC, which is taking a vehicle without the owner's consent.
California Vehicle Code 10851 VC
The way that works is that you took it when you were asked to return it and didn't, which is when the taking occurs.
When you originally took it, you took it lawfully because you signed the paperwork, paid the money, and had a credit card and ID.
But once you keep that vehicle beyond what is reasonable, you'll be charged with taking the vehicle without the owner's consent.
The next question becomes, what can we do with that? This is difficult for many people, and some who do this don't have a criminal record.
They have various reasons for getting themselves in the position of being charged with this particular crime.
One good thing about the Airport Court is that if you did something wrong, you can stay out of jail and set things up to get a misdemeanor.
Trial vs. Plea Bargain
If, on the flip side, you're innocent and don't feel that you did anything wrong, then obviously, you get your attorney to enter a not guilty plea, push the case to trial, and try to convince a jury that you're innocent. But, to be innocent, it will be a reasonableness assessment. In other words:
- did you act reasonably under the circumstances?
- did the rental car company act reasonably under the circumstances?
The jury could find that you didn't do anything wrong; it was just some sort of incident or mistake that caused things to go awry, and the rental car company was compensated.
If that's the case, I wonder why you should have to take a conviction for driving without the owner's consent in the Airport Court.
However, if, on the other hand, the rental car company was out of money, your activities would look shady, like you were doing something wrong.
At some point, you decided you wouldn't return that car and didn't handle things appropriately.
Maybe you caused the car to be stolen, whatever the case may be—then you're not going to have a chance to win, and you'll need your attorney to work out some sort of a deal for you.
Factors Considered By Prosecutor
The type of factors that are going to influence the prosecutor to the positive are going to be:
- if you don't have a criminal record,
- if you could make the rental car company whole,
- if you didn't lose the car,
- if you didn't damage the car.
Once you can make the car company whole and you don't have a record, the prosecutors will start to see you in a different light, and you have a much stronger possibility of either getting the case dismissed or being found not guilty.
Or, you could work out a deal for a misdemeanor, making a civil compromise where the other party agrees to sign a waiver, saying they don't want you prosecuted; they want their money back.
Once they get their money back, they are okay with the case being dismissed against you.
That doesn't necessarily mean that the prosecutors have to listen to that. They're the ones that control the charges. That's why having an attorney like me, a former prosecutor in the early 1990s, is crucial.
I worked for a Superior Court Judge and have been a criminal defense attorney for the last 27 years. I stand in a pretty strong position to work for you and convince the prosecutors that you're not one of those people who deserve to be punished to the full extent of the law.
They should give you the benefit of the doubt, and I will do everything possible to put you in the best position. Pick up the phone. Ask for a meeting with Ron Hedding. I stand ready to help you.
