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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4787
Experience:  Experienced in state and federal criminal litigation.
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(TexasMy ex-husband who was living with me got drunk and took my car without permission. I

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(TexasMy ex-husband who was living with me got drunk and took my car without permission. I reported it as stolen. He totaled it by running through a fence. He left the scene and was not arrested. He has since checked into a rehab and I would rather he not be prosecuted. Questions: 1) By reporting it did I cause a warrant for his arrest? (I didn't sign anything) 2) Is there still an option to not press charges? 3) If I don't press charges, what is my liability re: the fence?

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

To answer your first question, no you did not necessarily cause a warrant to be issued. The police decide when to issue a warrant, and they do so when they think they have enough evidence. You simply started the ball rolling, then they conduct their investigation.

TexCrimLawyer, J.D. :

If you don't want to press charges, you can go to the DA's office (if charges are eventually brought) and complete an affidavit of non-prosecution. It is a form you fill out basically stating that you don't want to bring charges. Keep in mind, however, that just because you fill out the affidavit of non-prosecution, that does not mean the DA can't bring charges, it is just something they can take into consideration when deciding.

TexCrimLawyer, J.D. :

Whether you bring charges or not will not affect your liability for the fence. Either way you are not liable.

Customer:

Thanks. What are the odds then that he will face charges since he was not found at the scene and the only evidence is my statement that he took the car without permission?

TexCrimLawyer, J.D. :

It really depends on the other evidence available.

Customer:

It may be a stupid question, but what other evidence might there be? It would seem to be only my report. To my knowledge, the car was towed and the police did not examine it.

TexCrimLawyer, J.D. :

There could have been witnesses (neighbors, etc.). Other than that, not much.

TexCrimLawyer, J.D. :

Also, at some point, they may attempt to interview him. He could make admissions.

Customer:

It was out in the country, no neighbors, and it took the police half a day to locate it. Thanks again. As long as I'm not liable for anything I would prefer to let sleeping dogs lie and hope that he will have a chance to get himself straight--and he will not be coming back to live with me.

TexCrimLawyer, J.D. :

I understand. Can I help you with anything else?


 

Customer:

That's it. I will send in my rating.

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