Q: I was asked to go down for questioning on a crime that they said I did they want me to go give a statement but idk why
I took my dog from my mothers house and her fiancé called the law and said I broke into the house when I didn’t go inside I simply opened the door after seeing my dog and left with her then got callas demanding her back after I called my mom and told her I took my dog . Now they want to press charges for breaking into thier home what do I do ? I didn’t take anything or have anything of theirs
A: You need to hire an attorney and bring them with you when you are questioned. Don't speak to anyone without an attorney and don't speak to your mother or her fiance about it.
Kiele Linroth Pace agrees with this answer
A:
Don't talk to them without an attorney unless you want to make it easier for them to convict you for felony burglary of a habitation.
You can be convicted of this offense if they can prove two things, that you (1) entered without the owner's consent and (2) with the intention of committing theft or actually committed theft. Under Texas law, merely opening a door or window counts as entering for the purposes of the burglary law... so if you tell them what you've posted here publicly, you've already done half their job for them.
As for committing theft, a dog is considered personal property, and when it comes to ownership there is an old legal maxim that says "possession is 9/10ths of the law." That means ownership is much easier to claim when you have physical possession of property than when you don't. In other words, if your mother claims that it is her dog, they will tend to believe her because the dog was at her home. You'll want to be able to show it is definitely your dog because, in Texas, it is no defense to prosecution that you have an interest in property if another person has the right of exclusive possession of that property.
An attorney can help at this point in several ways but the most important are (1) helping you avoid making statements that will come back to haunt you and (2) slowing the process so your mom has a chance to cool down and be rational about this situation. She may be angry now but chances are good she doesn't want to ruin your future with a felony over something like this. If she is psycho and vindictive you should privately discuss that with your attorney too, sooner rather than later.
Depending on the exact details and personalities involved (which you should NOT post online) returning the dog at this point might be a great idea or a terrible idea...
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
