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Professional Motor Vehicle & Auto Theft Lawyers in Minneapolis, MN

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Criminal & DWI Defense

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Four Minneapolis Auto Theft Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

How Can Our Motor Vehicle Theft Attorneys in Minneapolis Help You?

Ordinary Auto Theft

Carjacking

Joyriding

Failure to Timely Return Rental Vehicle

Auto theft is one of the most serious felonies in Minnesota. As outlined below, this offense is much broader in the Gopher State than it is elsewhere. In fact, in Hennepin County, auto theft is actually an umbrella term for a number of different offenses.

At Gerald Miller, P.A., our team aggressively challenges the state’s evidence in these cases. This assertive stance usually helps us successfully resolve these cases before trial. Once we unveil the weaknesses in the state’s case, prosecutors are usually willing to enter into favorable plea bargain agreements. These agreements often include reduced charges or a lesser sentence.

Ordinary Auto Theft Defense

Since vehicle theft is a grand theft offense in Minnesota, it is always a felony, regardless of the property’s value.
Generally, taking property, including a motor vehicle, without the consent of the owner constitutes vehicle theft in Minnesota. Note that the person need not intend to permanently deprive the owner of the property. That provision gives rise to some specific kinds of auto theft, which are outlined below.

Ask any reputed Minneapolis Motor Vehicle Auto Theft Lawyer, and they will tell you that lack of evidence is one of the most common defenses to vehicle theft charges. Evidentiary weaknesses usually include a lack of evidence placing the defendant at the scene or the lack of an owner’s testimony. Prosecutors normally rely on circumstantial evidence, such as eyewitness testimony to establish the taking. For various reasons, not all eyewitnesses are competent to testify in court.

Additionally, the vehicle’s owner must appear in court and offer testimony. Frequently, the trial occurs many months after the alleged theft. By that time, many owners have either lost interest in the case or relocated beyond the court’s subpoena power.

An affirmative defense, such as entrapment might be available as well. Local law enforcement agencies sometimes “bait” people with unlocked cars, unchained bicycles, and other tempting targets. If the defendant had no predisposition to commit the crime, such enticements might be illegal.

Carjacking Defense

Prosecutors typically apply the robbery statute to these offenses. Carjacking is basically taking a car from a person by force. Simple carjacking usually involves either the threat of force or mild physical force, such as pushing the driver out of the car.

Simple carjacking, or simple robbery, is a very serious charge. However, there is a difference between auto theft and robbery. When carjacking is involved, you want to work with a Minneapolis Motor Vehicle Auto Theft Lawyer rather than a Robbery Defense Lawyer in Minneapolis. The maximum penalty is ten years in prison. Certain aggravating factors cause the penalty to increase significantly. These enhancements include:

  • Use of a dangerous weapon (almost any object can be a “dangerous weapon”),
  • Infliction of bodily harm (“bodily harm” essentially means any injury requiring first aid), and
  • Falsely claiming that a weapon is involved (e.g. saying “get out of the car or I’ll shoot you” even though the defendant did not have a gun).

Once again, lack of evidence is often an effective defense, particularly to aggravated carjacking. Frequently, prosecutors rely on the alleged victim’s account of the carjacking to prove an aggravating factor. Observations made during periods of extreme stress are notoriously unreliable. Additionally, if the alleged victim’s trial testimony is different from statements made to police officers, the jury might disregard this testimony altogether.

Joyriding Defense

In many states, joyriding is a lesser offense, since there is no intent to permanently deprive the owner of the property. But in Minnesota, joyriding is a subset of auto theft. Legally, joyriding is taking another person’s car without the consent of the owner. Frequently, these infractions involve underage drivers who take a relative’s or friend’s care without permission.

Permission, or the lack thereof, is often the key element. Many times, owners leave their vehicles unlocked and the keys in an easily accessible area. Such actions could be construed as giving permission, especially if the owner has granted permission on a previous occasion.

Failure to Timely Return Rental Vehicle

There is no hard and fast rule as to when an overdue return becomes an auto theft matter. Technically, if the renter returns the vehicle one minute late. The rental company could press auto theft charges. The 10 percent rule is usually a better rule of thumb. For example, if the defendant rented a car for three days (seventy-two hours) and returned it more than seven hours late, vehicle theft charges might hold up in court.

Owners are more likely to press charges if the defendant did not communicate with the owner, returned a damaged car late, or had no legitimate excuse for the delay.

Frequently Asked Questions

Motor vehicle theft in Minnesota is taking property, such as a car or truck, without the consent of the owner. Subsets of vehicle theft include joyriding, carjacking, and failure to timely return a rental.
Generally, no. Criminal infractions are usually in personam matters. In other words, a person, and not a thing, is on trial. However, if someone uses your car to commit a crime, the vehicle could be subject to forfeiture.
Technically yes. But if the owner timely reported the car stolen, the charges will probably not hold up in court.
Carjacking, or aggravated motor vehicle theft, is basically a combination of theft and robbery. Any violence, use of a weapon, or threat of a weapon, could support aggravated motor vehicle theft charges in Minnesota.
The National Insurance Crime Bureau, and other agencies, use the Vehicle Identification Number to determine if a car was stolen. VIN usage often comes up in possession of stolen property cases. Furthermore, it is a federal offense to alter the VIN number.

How We Make A Difference For You

See What Our Clients Say

Igor Kovalchuk
Igor Kovalchuk
Kyle just recently finished my case and i couldn’t be anymore happier. What an amazing experience overall. From picking up my phone call on Christmas Day, and answering all my questions and concerns, to helping me understand the process going forward, and just yesterday he got a verdict I’m an super happy with. I can not even put into words how much I loved working with Kyle. If anyone I know ever needs legal assistance, going forward I will highly recommend this Law-firm and Kyle specifically. Again, thank you Kyle for all your help.
anuta serbinenko
anuta serbinenko
Kyle’s work is amazing, he is true and honest about every detail. He truly is an amazing lawyer! I appreciate his hard work and dedication. Working with Kyle has made a huge impact on my life and future. Open and honest communication and his outstanding service to fight for you is top notch. Once again Kyle you do amazing work, I am grateful.
Carlos Ramirez
Carlos Ramirez
Mr Gerald Miller Attorney ,Has been There in some of my most difficult times since I got out Of the MarinesHe has Guided my Family through some of my errors .He Is Honest in the Expectations of the Cases he Has handled for me and my FamilyAs Always I Recently asked for His Service and once again.His Experience always has a PlanVery Greatful for His ExpertiseI Highly Recomend Him.
Michael Beaver
Michael Beaver
I am seriously so grateful for just a simple 30 minute phone call. mr. miller Is a great guy and he clearly cares for all of his clients. I’m 19 I have never been in serious legal trouble until now and I am dead broke and I simply was just on the phone with him he gave me plenty of advice and really relieved all of my stress. I don’t really ever write Google reviews but this one deserves 10 stars. thank you so much.
Alina Jams
Alina Jams
Great team of lawyers: They were very understanding and considerate of my situation. Gerald asked about my occupation and based the fee on what I could reasonably afford, which showed a level of compassion and thoughtfulness you don’t see often. At court, Annalise was able to have the criminal traffic charge reduced to just a ticket. She also asked the prosecutor to reduce the ticket fee, she took into account that I’m a single mom. I truly appreciate how compassionate and supportive their team is. I would highly recommend this practice to anyone as they were initially recommended to me from a coworker.
Adele Abbot
Adele Abbot

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