buzz1089 t1_j60pp93 wrote
Reply to comment by [deleted] in TIFU by letting my parents pawn my silver by [deleted]
Tell the cops. The pawnshop has no reason to give it back because it means they lose money so they won't.
SandPractical8245 t1_j60sl2a wrote
Unfortunately from a legal standpoint, this would be a civil case. He willingly gave the coins to his parents, even if it was under false pretenses. So for example, if I ask to borrow your car to go around the block and get permission, but really I drive to the next town over, you can't report the car stolen. I have the keys, and gained possession legally. That removes it from police hands, and moves it into courts jurisdiction.
BowzersMom t1_j60x6fd wrote
Lol. If you took my car to the next town over and I called the cops to report it as stolen, if they find you before you return the car the they will treat it as stolen and arrest you, and you will have to use my limited permission as a criminal defense. I’m that case, you’d better be VERY credible when explaining to the judge or jury that you really were going to return it, I was just too hasty!
However, if you returned it and then I found out you drove it further than intended and I then reported to police that you stole my car, they’d look in my driveway and say “that car? But it’s right here. Stop wasting our time.” But I’d still have the option to sue you at the current mileage rate, though it wouldn’t be worth it.
I’m not sure how the legal principals around a minor giving his parents his valuables to pawn shakes out. In reality it is very stupid to give someone something to pawn and expecting it back. But we’ve got a 16 year old kid trusting his parents and wanting to help them out. They’re clearly lowlifes for doing this.
LexLuthorsHairPiece t1_j61d5jk wrote
Was on a grand jury with a very similar case. The DA more or less said after hearing testimony from the minor in question and the police officer who filed the report that they didn't have a legal leg* to stand on since the plaintiff agreed.to giving the items to his guardian (s).
*Edited to add leg.
[deleted] OP t1_j60xyqc wrote
[deleted]
3Shifty1Moose3 t1_j612c78 wrote
So I allow someone to borrow my car and they decide to not return it. That's not theft? Wtf clown world is this if that's not considered theft
BENDOWANDS t1_j613kp6 wrote
See my other comment for more info. But (at least in Missouri my) you can absolutely file that as stolen. My future sister in law works at a carmax. Someone test drove a car and was supposed to return in about 15 minutes. An hour later with no contact they reported it stolen and the kid was charged with vehicle theft.
SandPractical8245 t1_j613urp wrote
Responded to your other comment already! Theft by deception is different than grand theft auto.
BENDOWANDS t1_j61bbb5 wrote
My bad, didn't realize it was the same person. Still stolen regardless. Overall a really shitty situation for OP to be in.
Ghost17088 t1_j60vw77 wrote
Highly depends on the state. Theft by deception is a thing.
SandPractical8245 t1_j60wqiy wrote
You're absolutely right! In the states where theft by deception is chargeable, there would still be a gray area because of the intention of pawning vs selling. Op admitted in their post that they knew their parents would not ever get the items out of pawn, which means they knew there was a risk of losing it overall either way. I am in no way sticking up for the parents, just stating what case an attorney may be able to make in regards to that specific charge.
BENDOWANDS t1_j612to6 wrote
No.
This actually happened at my future sister in laws work (Carmax). They had an employee that wanted to test drive one of the new sports cars that was around. They gave him like 15 minutes or so, after an hour or so of it missing (and not being able to contact the person) I believe is when they called the cops to report it stolen.
The rest of the story gets into a giant jumbled mess, but regardless, how he got it and what he did with it are entirely different things.
Otherwise I'm going to borrow your car, and then just never give it back. But it's not stealing because I got it legally in the first place and had permission to.
Edit: the other person mentioning being a minor giving it to parents to loan out makes a fair point unfortunately for OP. The law likely won't favor towards OP.
SandPractical8245 t1_j613dwp wrote
A valet driving off with your car would also be theft by deception, the crime you are describing. This isn't a crime in every state, but there is no state where you can be charged with grand theft auto if you have the keys unless you also committed robbery/breaking and entering to get the keys. That "permission" you discussed is what eliminates culpability on the driver's part. You can't withdraw permission anytime you want and make it a crime.
U_Dun_Know_Who_I_Am t1_j61ch57 wrote
This is more like the parents asked to borrow the car for a week, and a week later when you asked about it you find out they sold it.
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