Legal Question in Criminal Law in North Carolina

My son sold his car to someone he didn't know. The car is in my name, registered to me and I am still paying for it. He is developmentally delayed and didn't know he couldn't just sell his car without transferring the title. I've tried to report it missing twice, but I keep getting the same police officer who says he'll have to charge my son with larceny, so I haven't filed a report. My son didn't steal the car, it was his car for use. We live in North Carolina. Does my son really have to get a charge for this in order for me to report the car missing and try to get the police to look for it?

Asked on 9/04/21, 1:31 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

So let me get this straight, your son sold your car (not his car) and you want to use the police to get your car back from likely an innocent buyer all without your son getting the consequences he likely deserves? Does that about sum it up? If so, at least the officer has the right idea. Further, do you really expect anyone to believe that if your son is licensed to drive a car, that he is so 'developmentally delayed' that it is some sort of legitimate or even reasonable excuse for what happened? If so, he likely ought not be driving in the first place. I mean do you not find it concerning at best and down right scary as hell at worst, that some one could be so developmentally delayed (as you so euphemistically put it) that they improperly sold a car that isn't even theirs and yet are licensed to drive a car? So yes, if you want the police to find your car on the tax payers dime, your son likely ought to be charged. Of course, if you also hire an attorney, he likely won't be convicted - at least not of larceny. Odds are the person who bought the car is either a complete low life and intends on driving it illegally (which means the odds of the police finding it are likely less than slim and none) or they the person who bought it finds out they need a good title and tries to contact you. If so you may want to notify NC DMV to see if there are any options to 'flag' the title number. Best of luck.

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Answered on 9/04/21, 2:40 pm

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