I wanted to write about a preliminary hearing in Linwood, Pennsylvania that was held last week that is worth noting.
A lady from Camden, New Jersey dropped her 1999 Kia Sephia off at a Leonard's Body Shop in Marcus Hook, Pennsylvania in March of 2010. She paid $1500 to have her car repaired. My client who was the shop owner's girlfriend, worked the front end of the business. She took the customer's cash and wrote out a receipt for the$1500. Her boyfriend owned the shop and performed all body work. After she dropped the car off months went by and no work was ever performed on the car. Subsequently, the owner was forced out of the shop and was forced to put the building up for sale. The customer could not locate her car. The police found out that the owner/boyfriend moved the car to his residential garage, never gave the car back and never contacted the customer. The shop owner basically kept the woman's car and never told her where it was. The Marcus Hook Police charged the boyfriend/owner and my client with Theft by Unlawful Taking, Theft by Deception, Unauthorized Use of a Motor Vehicle and Disorderly Conduct.
A preliminary hearing was held before Judge David Griffin. The Delaware County Public Defender's Office represented the shop owner. Myself, and the public defender cross-examined the victim and the police officer. In closing, I argued to Judge Griffin that my client was acting as a secretary of the business and could not be held accountable for the actions of her boyfriend the shop owner. I argued "there was no evidence that my client is capable of performing the body work, so how can you hold her responsible for work that her boyfriend failed to perform." I continued to argue "there was no evidence presented that my client made arrangements to transfer the car to the residential garage. The assumption is that 'Buddy' the shop owner made these arrangements, therefore, he would be accountable for the Unauthorized Use charge. Moreover, the police officer never charged my client with conspiracy. I would ask that you dismiss all the charges against my client."
Judge Griffin dismissed all charges against my client and held all charges for Court of Common Pleas for the shop owner.
If you or someone you know has been charged with a theft crime, do not discuss your case with police, contact Jason R. Antoine, Pennsylvania Theft Attorney for a free consultation.
