Criminal Procedure

First of all, I will inform Clem about the crime of auto theft, which is basically the stealing of a motor vehicle, including cars, buses, trucks, and other  motorized vehicles like mopeds, golf carts, snowmobiles, motor cycles. He should be aware that auto theft may be accomplished either through the crimes of grand theft auto or carjacking, which both have the objective of having total control of the vehicle. Specifically, I will inform Clem that carjacking takes place when the theft of a motor vehicle employs violence or threat of violence in taking the vehicle from a person, while grand auto theft takes place when the thief steals a motor vehicle without using any form of force or threat of force.

In addition, I will advice Clem about a few statutes, but more particularly on the criminal mischief laws. Clem should be informed that criminal mischief takes place when a person maliciously and willfully damages any property belonging to another party. Clem should know that this crime can be accomplished either through vengeful or mischievous, negligent, or willful behavior that results in the destruction or damage of anothers property (Criminal Property Damage, n.d.). Moreover, I will advice Clem that the potential penalty that the person might face depends on the damage he or she committed, which can be three months of imprisonment and 500 in fines to five year imprisonment and fines reaching 1,500 (Criminal Property Damage, n.d.).

Finally, I will advice Clem that his intentional acts of taking and driving the truck belonging to someone else without the latters permission might arise lead the crime of auto theft, specifically carjacking, since at some point, he was able to take total possession of the vehicle. Furthermore, because he crashed the truck into a fire exit, obviously resulting in some quantifiable destruction on the truck and the building owned by another party, he can be charged with the crime of criminal mischief or criminal property damage as explained in the preceding paragraph. I will then advice him to get a lawyer so that he can be properly represented in court.


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