Knox, NY Criminal Defense Law Firms & Lawyers

I would have to see the report and what you actually said. If it was just an innocent mistake, then probably nothing. If you intentionally lied to the police, then you could be charged with perjury which is a Class C felony.

Based on the fact pattern you provided, the chances of "walking away" are slim to none, because you in fact stole the car first. Whether or not they arrest someone else is immaterial. By taking the car without permission it is either a theft or unauthorized use of a motor vehicle. I would not plan on "walking away."

No. Trial by jury is a constitutional right. If the defendant does not waive the right or agree to be tried only by a judge, he or she has an absolute right to have their guilt or innocence decided by a jury. Following a jury trial, the Government can only appeal an adverse decision if specifically allowed to by statute, or if constitutional limits, such as the prohibition against double jeopardy, do not preclude an appeal. If the jury returns a guilty verdict, and the defendant (convicted person) files a compelling motion for new trial, the Judge can vacate the jury\'s verdict and order a new trial. The Court of Appeals can do the same for the defendant. However, if the Government disagrees with the jury\'s decision, its remedy is limited to appealing any successful defense motion to set aside the jury\'s verdict. While the prosecution also appeal pretrial rulings, such as those pertaining to suppression of evidence or to a ruling dismissing the Indictment prior to trial, absent specific statutory authority, it cannot attack a jury\'s verdict. Once the jury returns a not guilty verdict, it doesn\'t matter what the reasons are. The prosecution is stuck with the verdict. This is considered fair because the burden of proof lies with the prosecution, not the defendant, and because constitutional rights in general exist to protect the citizen accused.