Houman Fakhimi

Connection Between Civil and Criminal Law

In many instances a case can involve matters within both the criminal and civil justice system. We recently have run into such a case. One who takes a vehicle not his own without permission and with intent to either temporarily or permanently deprive the owner of ownership or possession has violated Vehicle Code section 10851 (a.) Our client is accused by San Bernardino District Attorneys office of having committed violation of Vehicle Code section 10851 (a) (and other related codes) by having repossessed cars to which he held the title to and had lent to another dealer to sell. He had decided to repossess the cars after he learned that the dealer who had the cars was not going to pay him. Now many of you may think how can one be accused of taking or stealing his or her own property. This is the issue that our San Bernardino auto theft attorneys are grappling with. District Attorneys position is that the buyers who took possession of the car from the dealer were either buyers in due course or good faith purchasers. Both of these concepts have their roots in the civil justice system and the commercial code. Defendant however is accused of grand theft auto in the criminal court of San Bernardino. Therefore, both sides will have to depend on not only cases interpreting penal code and other criminal statutes but also laws related to civil litigation. Such complicated issues call for a team of attorneys and paralegals who are not only well versed in criminal law and civil litigation but also have the resources to commit to defending the accused. Criminal Defense Team is such an office.

Call us today to speak to our experienced felony defense attorneys.