HELP! my dad was arrested.....

M

m4dh4tt3r

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Hey there,

My dad was arrested this morning due to "motorvehicle theft".

Basically:
he used to work for a bike place(not mentioning in case this gets out to them). The guy was on leave at a certain period last december where he told my dad to take an old bike for restoration (my dad restores old bikes in his spare time). Anyway the guys from the company dropped the bike off and 1 or 2 of them heard the guy said take it and see if you can fix it.

They dropped the bike off in bits and pieces in 2 trommels and a few bits and pieces here and there but the thing was a real piece of junk, a total rust bucket that was impossible to fix, a few other mechanics had also seen it and said no ways this cannot be restored. My dad took pictures of everything, every little detail of the bike to prove it is stuffed. My dad left the bike place due to a fight with this guy in january and called the guy on 6 jan to say you have 3 months to come fetch it or im dumping it, Which after 3 months thats exactly what we did. It was taking space, he needed to restore other bikes and this guy wouldnt answer his calls. So the guy calls a month or 2 back and says where is my bike so my dad said he chucked away as it was a piece of rubbish and other mechanics had also said its irrepairable. The guy laid a charge last week and the officer phoned my dad and asked him to go to Sandton police station.

So he gets there and the guy who my dad got the bike from blantantly lies to the cops and says my dad stole the bike and he was never aware that my dad took it and he never gave permission for my dad to take it.

Tried to get him bailed but he cannot be bailed until the court hearing on Thursday because it is a section 1 offence? or something like that. They didnt issue a warrant for arrest or anything? How can we get him out earlier?

Is it possible to counter sue the guy for storage for 3months? We are busy trying to get hold of the guys that heard him say my dad must take it but if he is still there boss whats the chance of them agreeing to it?

Madh4tt3r :(

(sorry if this is in the wrong location, Please move if wrong, im a little uptight and not all here at the moment)
 
Eish sorry to hear.
Sounds like these guys took your dad for a ride.
 
Ok here goes, does he have any written proof of his correspondence with the old work place throughout the time?
Any witnesses who will write statements?
Bud, never mind the storage, theft of MV is a serious offense.
Next thing, the bail, you can apply for special bail, you will need an attorney and a lot of cash, well probably 5k for lawyer and a further 5k for bail.

You need to get hold of a lawyer ASAP. Remember possession is 2/3 of the law.
 
sue the ****head to hell. did the police ask him how long the bike had been missing for?
 
Sorry one more thing, does he have fixed address? Does he have permanent employment?
That will determine if he gets bail.
You going to really need witnesses and once the case is thrown out, if what you say is true, you can sue the state and / or him. They should have given him time or the right to make a statement unless he opted to do so in court.
You can launch a civil case against the complainant as well as a criminal if he perjured himself (lied in opening of case)
 
m4dh4tt3r said:
Tried to get him bailed but he cannot be bailed until the court hearing on Thursday because it is a section 1 offence? or something like that. They didnt issue a warrant for arrest or anything? How can we get him out earlier?
Click to expand...

Doesn't sound right. Did the cops say that, or did your lawyer say that?
Forget what the cops say.
 
Just say your Dad returned the trommels back to the shop. If the shope dude can lie so can your dad. "He said she said" scenario. Unless you have witnesses and proof etc. this case will go no where.
 
TheHiveMind said:
Doesn't sound right. Did the cops say that, or did your lawyer say that?
Forget what the cops say.
Click to expand...

They can hold him for 48 hours but they have to charge him before that time elapses. There is no way they could pick him up without a warrant 'tho... Marine1's advice is good... Get a lawyer ASAP.
Where is he being held? I know this sounds a little immoral, but a couple of hundred Rands here and there go a long way with the SAPS to let you see your dad... Warm clothes, smokes (if he smokes), deodorant, food and sweets all go down well.
 
It sucks what happened but just know this. The judges are fair and if that guy lies in court he will be charged with purgery and lying in an affidavit.

Just make sure all your things are in order... also make sure that there are no issues around the fight where he left that job.


Hope it gets sorted.
 
greg0205 said:
They can hold him for 48 hours but they have to charge him before that time elapses. There is no way they could pick him up without a warrant 'tho... Marine1's advice is good... Get a lawyer ASAP.
Where is he being held? I know this sounds a little immoral, but a couple of hundred Rands here and there go a long way with the SAPS to let you see your dad... Warm clothes, smokes (if he smokes), deodorant, food and sweets all go down well.
Click to expand...

So long as you're not one of those people complaining about how corrupt this country is and you're happy to live with corruption, sure, bribe the police...
 
Eish.

Forewarned is forearmed - if somebody leaves a car (or bike) at my place, I want it in writing. Even if he gives it "mahala"...

Hope your dad get a fair hearing...
 
demiurge said:
So long as you're not one of those people complaining about how corrupt this country is and you're happy to live with corruption, sure, bribe the police...
Click to expand...

I make exceptions if anyone I know has been picked up by the boys in blue. They can be pretty harsh when they want to. Spent a day in the lockup at Hillbrow police station in my youth... Wouldn't recommend it to anyone
 
hulk_slams_loki.gif


That's how I feel about this.
 
greg0205 said:
They can hold him for 48 hours but they have to charge him before that time elapses. There is no way they could pick him up without a warrant 'tho... Marine1's advice is good... Get a lawyer ASAP.
Click to expand...

A warrant of arrest is the last means of securing a person's attendance at court. You can be asked to come or sent a letter. All are valid means.

My advice, as a lawyer, is seek a lawyer in this field. It sounds like me to be a civil matter and on that basis, the charge must be withdrawn. Please don't follow other people's advice in this thread about lying.

Ask the SAPS for the prosecutor on duty to apply for prosecutorial bail, which the SAPS must do. The prosecutor is empowered to give bail for this type of offence i.e. small theft . INSIST the SAPS do this. DON'T plead with this prosecutor to withdraw the charge: (1) he doesn't care; and (2) he likely does not have the authority.

Bail hearing is first thing in the morning, and the control prosecutor won't be in yet by the time the hearing starts. When the 48 hour appearance comes, ask for an indulgence / postponement until later in the day because you are going to need this time to speak to the control prosecutor to lay out the facts. Be clear, concise and to the point when speaking with the control prosecutor. If you cannot find him/her, ask another prosecutor or the senior prosecutor where the control prosecutor sits.

My advice? Tell the control prosecutor what you set out above, that the reason for your Dad throwing away the motorbike is that the complainant did not respond to requests to retrieve it, and your Dad considered the bike to be res derilicta. The last part is important, this will explain your Dad throwing it away i.e. (1) it was a piece of junk; (2) not salvagable; and (3) the owner did not respond to your Dad's requests to collect it - therefore your Dad considered it abandoned.

Also you might throw in that the complainant has other courses of action, namely a civil course of action to recover the things value therefore this does not belong in the already crowded courtroom. Also mention that the item has so little value, it must be considered de minimis.

I hope this helps. If you need any other input, feel free to PM me.
 
Last edited:
IzZzy said:
A warrant of arrest is the last means of securing a person's attendance at court. You can be asked to come or sent a letter. All are valid means.

My advice, as a lawyer, is seek a lawyer in this field. It sounds like me to be a civil matter and on that basis, the charge must be withdrawn. Please don't follow other people's advice in this thread about lying.

Ask the SAPS for the prosecutor on duty to apply for prosecutorial bail, which the SAPS must do. The prosecutor is empowered to give bail for this type of offence i.e. small theft . INSIST the SAPS do this. DON'T plead with this prosecutor to withdraw the charge: (1) he doesn't care; and (2) he likely does not have the authority.

Bail hearing is first thing in the morning, and the control prosecutor won't be in yet by the time the hearing starts. When the 48 hour appearance comes, ask for an indulgence / postponement until later in the day because you are going to need this time to speak to the control prosecutor to lay out the facts. Be clear, concise and to the point when speaking with the control prosecutor. If you cannot find him/her, ask another prosecutor or the senior prosecutor where the control prosecutor sits.

My advice? Tell the control prosecutor what you set out above, that the reason for your Dad throwing away the motorbike is that the complainant did not respond to requests to retrieve it, and your Dad considered the bike to be res derilicta. The last part is important, this will explain your Dad throwing it away i.e. (1) it was a piece of junk; (2) not salvagable; and (3) the owner did not respond to your Dad's requests to collect it - therefore your Dad considered it abandoned.

Also you might throw in that the complainant has other courses of action, namely a civil course of action to recover the things value therefore this does not belong in the already crowded courtroom. Also mention that the item has so little value, it must be considered de minimis.

I hope this helps. If you need any other input, feel free to PM me.
Click to expand...

Excellent. Hope this helps.
 
IzZzy said:
A warrant of arrest is the last means of securing a person's attendance at court. You can be asked to come or sent a letter. All are valid means.

My advice, as a lawyer, is seek a lawyer in this field. It sounds like me to be a civil matter and on that basis, the charge must be withdrawn. Please don't follow other people's advice in this thread about lying.

Ask the SAPS for the prosecutor on duty to apply for prosecutorial bail, which the SAPS must do. The prosecutor is empowered to give bail for this type of offence i.e. small theft . INSIST the SAPS do this. DON'T plead with this prosecutor to withdraw the charge: (1) he doesn't care; and (2) he likely does not have the authority.

Bail hearing is first thing in the morning, and the control prosecutor won't be in yet by the time the hearing starts. When the 48 hour appearance comes, ask for an indulgence / postponement until later in the day because you are going to need this time to speak to the control prosecutor to lay out the facts. Be clear, concise and to the point when speaking with the control prosecutor. If you cannot find him/her, ask another prosecutor or the senior prosecutor where the control prosecutor sits.

My advice? Tell the control prosecutor what you set out above, that the reason for your Dad throwing away the motorbike is that the complainant did not respond to requests to retrieve it, and your Dad considered the bike to be res derilicta. The last part is important, this will explain your Dad throwing it away i.e. (1) it was a piece of junk; (2) not salvagable; and (3) the owner did not respond to your Dad's requests to collect it - therefore your Dad considered it abandoned.

Also you might throw in that the complainant has other courses of action, namely a civil course of action to recover the things value therefore this does not belong in the already crowded courtroom. Also mention that the item has so little value, it must be considered de minimis.

I hope this helps. If you need any other input, feel free to PM me.
Click to expand...

Know who I'm calling if I ever need a lawyer :)
 
thanks everyone for the answers, What he did wrong was not get anything in writing, he is very old school mechanic and they do things by trust and by talking (i know its stupid but i told him he must start getting everything in writing.)

Got hold of the one mechanic who heard the conversation and heard the other guy tell my dad to take it and he said he will testify if he needs to so that is great so far. Leaving to the police station (2 summit road, morningside one.. Someone asked abt this earlier) a lawyer should be meeting us there soon. this is gonna take a lot of cash but anyway guess we will have to do it first. Gonna be taking him a few things, thanks for the idea, he will definitely want the smokes:)

will update later thanks all.
 
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