My son was driving a car that was rented from a rental company. My brother rented the car and told my son he could drive it. The car ended up being well overdue but my son did not know it. So, he was caught driving the car. My son did not steal the car and he had keys to the car, but as I said, the car was overdue so it was reported stolen.

Yes, and your question is?

He can be charged, he should have to drive the car, the rental paper work in the car ( that is required normally)
So even if he did not know, he should have or had a obligation to find out.

It is very likely as long as your brother will plead guilty and testify your son did not know, they may drop charges against the son,

What you need now is a very good criminal attorney

Hello g:

It's not a crime to disobey a rental contract. If they charge him, and I doubt they will, your son should hire a good lawyer.

excon