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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1025
Experience:  Experienced and knowledgeable criminal defense attorney.
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Yes, Id like to know the charges for the following crimes

Customer Question

Yes, I'd like to know the charges for the following crimes and please answer in number order.
1. illegal entry habitation - stealing documents & journal
2. illegal entry habitation - stealing iphone
3. illegal entry habitation - planting cameras in home
4. hacking computer
5. hacking cell phone
6. destroying all ability to earn income
7. stalking (illegal satellite surveillance)
8. violating Constitutional rights
9. accessory to attempted murder

An ex-sales manager for a company I was working with (really independent contractor) is person behind this and is using the police to do her bidding.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you! If you find my response helpful, please rate it positively so that I can receive credit for my work.

1. illegal entry habitation - stealing documents & journal
Burglary is the charge for illegal entry to the home. Larceny is the charge for theft of the documents and journal. Whether or not the larceny is a felony or a misdemeanor depends on the value of the items stolen

2. illegal entry habitation - stealing iphone
Same answer as #1, just larceny as to the iPhone instead of the documents or journal. Depending on the value of the iPhone, it could be a misdemeanor or felony.

3. illegal entry habitation - planting cameras in home
Burglary is the charge for illegal entry into the home. The unlawful surveillance issue may or may not be a criminal offense. It could be punishable under the wiretap statute in Texas.

4. hacking computer
Breach of computer security.

5. hacking cell phone
Same answer as number 4. It could also be a wiretap issue under state and/or federal law.

6. destroying all ability to earn income
Not a crime, unless related to a physical injury which renders the victim helpless an unable to work. Could be compensable as a tort in civil court.

7. stalking (illegal satellite surveillance)
Stalking.

8. violating Constitutional rights
Not a crime. Generally requires illegal action by the government, not by a private actor. It could be compensable under federal law if the alleged violations are prohibited by the civil rights act.

9. accessory to attempted murder
Murder. Texas does not follow the common law rule for accessories. Thus, an accessory in Texas can be charged, convicted and punished the same way as the person who actually committed the crime.

I hope this helps you. Please contact me if you have additional questions or concerns.

Shuband
Customer: replied 1 year ago.

Hi, thanks for the answers, but just not to sure if No. 7 on the stalking was addressed. I know it's criminal but is this a felony?

Expert:  S. Huband, Esq. replied 1 year ago.
Hello again!

A first offense conviction for stalking in Texas is a class "A" misdemeanor. A class "A" misdemeanor is punishable by up to 12 months in jail and up to a $4,000.00 fine.

If the conviction is for a second or subsequent offense, it is a third degree felony. The punishment range for a third degree felony is 2 to 10 years in the penitentiary and up to a $10,000.00 fine.

I hope this helps! Thanks!
Shuband
Customer: replied 1 year ago.

Since the police are involved in this case and are not fully co-operating with me is it possible I can preform a citizens arrest on this individual?

Expert:  S. Huband, Esq. replied 1 year ago.
It's possible. You can actually make an arrest for a felony or a misdemeanor that involves public safety, such as DUI or assault, but the alleged crime has to be committed in your presence in order to arrest if you are not a police officer. You could also go to your local court and file a criminal complaint.

Here's the catch; an arrest or a complaint is just what gets the process started. Ultimately, a prosecutor will make the decision of whether or not to prosecute a case. Thus, if the prosecutor reviews the facts and the investigation and decides not to go forward with the case, the charges will be dropped.

Be aware, there are torts known as "false arrest" and "malicious prosecution." A tort is a civil lawsuit for something other than a contract. If you make an arrest, it is possible you could be sued under one or more of these theories. This is why most people leave arrests up to the police.

If I've answered your questions to your satisfaction, please take a moment to rate my answers positively and/or click "accept" on one or all of them, so that I can receive credit for my work. Thank you for your consideration.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1025
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 12 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again!

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the legal matters we discussed turn out well.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband
Customer: replied 1 year ago.


Hello Shuband, if the Chief of Police knows who entered your home illegally and stole the health documents, journal and iphone, and fail after repeated request for them to be confiscated and returned to me, what options do I have? These documents which are incorrect diagnosis, have been repeatedly used to defame me and cause financial losses and extreme aguish.

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