Expert: Robin Sexton - 4/14/2008

Question
QUESTION: I was charged with a second degree theft by deception charge.  The State attorney General came across my application to purchase a car while investigating another case and they claimed I lied about my income and job title.  They used this application as evidence of a theft before the grand jury.  The car was paid in full and I was never late with my payments, regardless, they say the crime of theft occurred when I signed the application.  This was a dealership I had purchased cars from in the past (at least three)  and have always made my payments until the cars were paid off.  The dealership has no idea I am being charged and I want to know if there needs to be a complaining witness, can the state actually charge me when there is no injured party?

ANSWER: Diana,

Yes they can.  The theory is that the people of the state are the victims.  As the States Attorney they can file charges.  The action would read the People of the State of XXX vs Diana

Interesting charge though, seems like they could find something better to do if that is all the found.


Good luck

Robin

---------- FOLLOW-UP ----------

QUESTION: Robin my other question is based on the belief that there would have to be a jurisdictional issue, If the state is a fiction and has no standing and the offence was not aginst a person but an entity is there a difference? Woukld they have jurisdiction over such a matter if the fiction or company did not file a complaint ,can the stae represent the company?

Answer
Diana,

If it is a "legal" entity such as a corporation the state could still take jurisdiction.  This is a technical issue, the state has jurisdiction over all crimes within its borders if it has an impact on the safety, security of the people in the state.  Now in the real world most prosecutors are to busy to worry about a case where the victim does not care or wants to be involved.  This occurs especially in financial type crimes this pops up.  The state can say they have standing by stretching this out saying that by defrauding company X the cost of doing business is passed on to the other consumers, insurance rates rise, taxes go unpaid, loans are defaulted, etc.  Another example is domestic violence where the partner does not want to prosecute.  The state can still prosecute and subpoena the  partner to testify.  The either testify or commit perjury.  Not a pretty scene, but sometimes necessary.

Let me know if this didn't help and i will try again.  No problem.

Good luck

Robin