Richmond Joyriding Lawyer
When someone borrows a person’s vehicle without their permission, they can be charged with joyriding. This charge is considered unauthorized use of a car without the intent to permanently deprive the person of their vehicle. There are serious consequences for joyriding. If a person is facing these charges, they should consult with an experienced Richmond joyriding lawyer.
An attorney can assist you in building a strong defense strategy. If you have temporarily taken someone’s vehicle or if you have been given permission to use the vehicle and use it outside the scope under which the vehicle was given to you, then you will need to attain a skilled theft lawyer. They can help you through this process and anticipate how the prosecutor will develop the case.
Prosecution Process
The prosecution must prove that the individual took, or was given permission to have the car. So, there must be someone who has the vehicle. The next thing that they must prove is that when they had the vehicle, they either had permission to have the vehicle or not.
Looking at a case where the joyriding is charged as outside of the scope, they must then prove what the scope of the presentation of the taking of the vehicle was under and then show how the individual operated outside of that scope.
In a case where they are trying to say that an individual was not temporarily deprived or that they intended to temporarily deprive, they must show the intent of the individual who took the vehicle and that the intent was to temporarily deprive as opposed to permanently deprive.
A person is looking at an unauthorized use, it will be a Class One misdemeanor, which carries 12 months in jail and about $2,500, or a classic felony, which can carry up to five years in jail and a fine of $2,500 for joyriding in Richmond.
Examples of Joyriding Scenarios
Something that happens very often in the Richmond juvenile domestic relations court, is a child will take their parent’s car and bringing it back, showing that intent to temporarily deprive without the intent to permanently deprive.
Another example happens in car washes or in valets, where someone is given the key to the car for a specific purpose and scope and then they do something outside of that scope before returning the car. If an individual is working at a valet and the person is given the keys to the car to go park it and instead of going to park the car, they drive around the city or elsewhere before bringing it back. While the individual brought the vehicle back to the valet park, and even if there was no harm done to the vehicle, no scratching, no denting, no accident, they acted outside of the scope of which the vehicle was given to them and, therefore, the person has committed an unauthorized use or “joyriding.”
Joyriding Charges
It is considered a theft offense because there is essentially the taking of a property from another. The only thing that makes joyriding any different from a carjacking or auto theft, is the intent of the individual who does the taking. An auto theft case, a grand larceny, is such because there is the taking with intent to permanently deprive.
With joyriding, there is still a criminal intent to deprive. However, it is not to permanently deprive; it is to temporarily deprive. But under the laws of Virginia, since an individual has that taking with that criminal intent, it is still going to be considered a theft offense.
What is Failure to Return a Leased Vehicle?
Failure to return a leased vehicle is acting outside of the scope of the contract to which an individual was given the vehicle. An individual was given the vehicle for certain amount of time or for a certain purpose. Therefore, the individual did not take the vehicle against the interest of the individual who possessed or owned it because they gave the vehicle to them.
Yet that individual is now going to be in the realm of using the vehicle outside of the scope. Because once an individual is acting outside of the scope, whether the driver is supposed to bring the vehicle on a specific day and kept the car for several days after that deadline. Since the scope of the transferring of the vehicle was limited and then he or she acted outside that limitation, the person has subsequently used the vehicle in an unauthorized manner.
Benefits of a Richmond Joyriding Lawyer
Given the serious nature of the charge and the fact that, if convicted, an individual could be facing time in jail, plus a fine, it is imperative for the individual charged to want a Richmond joyriding lawyer who understands the law, understands the ways of the land and the city, knows how to operate in the different courtroom (whether it be general, district or circuit court) and if it comes down to negotiating the case, has been in these courtrooms with prosecutors before and knows who, and where, and how to talk to individuals in order to get the best results for their potential client.
A knowledgeable lawyer has the experience to review the facts and evidence of the case and determine a course of action. They can help you through this process, prepare a testimony and official statements, and ensure you understand your legal rights. There are many benefits to obtaining a Richmond joyriding lawyer.
