Dallas, TX asked in Criminal Law for Texas

Q: How can an individual be charged with theft if said individual never left site of incident with anything he was accused

Possible theft charge in texas, accused by gameroom staff of taking money from machine, forced by staff to empty pockets and staff confiscated all money I had. Police called and placed me in cuffs and arrested me on site, but I never left the place with any money. Truck impounded and money in truck seized by police.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: They can do it because generations of voters have supported politicians who promise to be tough on crime. That's how. They could have arrested you, taken you to jail, and impounded your truck for the "crime" of Theft from the Tooth Fairy. No such thing as the Tooth Fairy you say? Well, that's a great defense for your lawyer to argue, but it doesn't mean they don't have the authority to make the arrest. It sounds like you already know the basic reason why they arrested you, but if you wanted you could go to the clerk's office and double-check the Arrest Affidavit (sometimes called the Probable Cause Affidavit or simply the PC Affidavit.) This will be in the office of the District Clerk if you were charged with a felony, but it might be in the County Clerk's office if you were charged with a Class A or B misdemeanor. Some counties put A's and B's with the County Clerk and others with the District Clerk. If you were charged with a Class C misdemeanor then it will be with the city municipal court clerk or the Justice of the Peace for the precinct where the offense allegedly occurred. Or you could just wait and ask your lawyer to show you a copy of it. Your lawyer will also be able to get a document called the Offense Report which usually, but not always, has more information than the Arrest Affidavit.

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