Arrest warrant question. Please HELP!!?
My brother was involved in a rear-ended accident. He was carrying a high-end mountain bike in the back of his truck (via a bike rack), and the collision caused the carbon fiber frame to cracked. Here's the problem:
He bought the bike at a local bike shop a few years back. The owner of this bike shop has two different businesses: sport shop and gun shop (at two different locations). Recently they chose to close the sport shop, which was selling bikes (my brother's included), and only have the gun shop opened.
When dealing with insurance company, my brother submitted the receipt from the sport shop when he bought the bike, as proof of ownership. After getting this copy, the insurance company went to the gun shop and talked to the owner, verifying the receipt and the amount are both correct. Unfortunately for my brother, the shop owner does not recall the transaction. And when asked to look into the system, he could not find my brother's transaction either. BUT he also indicated that during the sport shop closing down, the database from that shop was not completely transferred, and my brother's transaction might be lost during the merging.
The insurance company denied to claim, and then went to District Attorney to file a Fraudulent case against him. Just few days ago, my brother received a letter from the District Attorney office, notifying him that an arrest warrant has been filed against him, and asked him to call the Sheriff office to schedule a self-surrender!!!
Any information or input to help my brother will be GREATLY appreciated! He's innocent, and is completely freaking out right now! Thank you!
Thanks. Does this arrest warrant means he will be detained in jail until proven NOT guilty, or he just needs to come in for questioning, then will be release after 24 or 48 hours? Because he's never done anything illegal, and jail time would freak him out.
Another thing: few years back when he bought the bike, he paid everything in CASH (part of the deal from the bike shop, gave him free components because they can avoid the Credit card's commission charge). That's the problem.
Also, he just lost the job 8 months ago, and does not have enough money for a private attorney. Should it safe to turn himself in alone? Any assistant, like public defender maybe?
Questioning, then he will be released, or they will keep him there?
Since the insurance company could not locate my brother's transaction from the bike shop, they automatically declared that the receipt he submitted was altered and fake!! That's the bottom line of his problem: Insurance company filed a Fraudulent claim with the DA because they believe he submitted a phony receipt. And the DA believes them!! He went to asked the shop owner to write a statement for him, regarding the missing information during the merge, he said he does not want to be involved.
September 21st, 2010 - 01:48
This sounds like a terrible mix-up. If I were him, I would go to the District Attorney’s office with his attorney, a copy of the receipt and any other documentation he can find. Specifically a canceled check or credit card statement and signed a statement from the gun shop owner concerning the lost data. Do not give the original receipt away! With this information, the DA should drop the charges.
I would then pursue action against the insurance company so that they think twice before doing this to another person.
If what you’ve written is true, your brother should not have too much trouble getting this dropped. Good luck.
I think he has a good chance of not going to jail at all if he takes an attorney and his receipts with him. Most DA’s are overworked and short staffed. They don’t want to pursue cases without merit. Most jails are overcrowded and don’t have room for people who are not dangerous. At the worst, he may have to spend a few hours in a waiting area. If he has firm proof that he paid for this bike his attorney may be able to fix all this with a phone call.
September 21st, 2010 - 01:48
IF he is completely innocent, then he should call the Sheriff in the morning and schedule a time to come in and talk to them. Cooperation will show he has nothing to hide, hiding will show he has dome something wrong, thats the great thing about not doing something wrong, you should never fear dealing with the police because you have not done anything wrong.
September 21st, 2010 - 01:48
Call a lawyer and the lawyer will go in with him.
It is not a big deal yet; they want to talk to him.
September 21st, 2010 - 01:48
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September 21st, 2010 - 01:48
When your brother bought the bike did he take anyone with him.Can he remember anything about the day ,like who served him,what time of day did he go to the shop.
The shop keeper is negligent its up to him to get your brother out of this mess.,a solicitors letter to him may make memory come .Its all very well him saying he doest want to get involved ,well he is going to have to start talking soon,he probably has something to hide.
Wouldn’t worry too much,the judge will be able to get someone to check the receipt to see if its been tampered with.
Im sure it will get thrown out but try to get him to think about the day of the incident,you never know even something really small may be relevant good luck