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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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My son is on probation and for the most part doing well. He

Customer Question

My son is on probation and for the most part doing well. He had a "blond" moment on May 2nd. He was at school and he and two other boys were in the school parking lot. My son was trying to smoke a cigarette and the wind was blowing. He found an unlocked car and opened up the door to light his cigarette so the wind would not put it out. I guess he saw a radio and told another person. He was confronted later by the Assistant Principal about the incident and was instructed to go and get what was stolen. My son did not take it but he knew where it was. The young man that it belonged to said all he wanted was his stuff and it was over. Well, on May 9th he decides that it is not alright even though his property is returned. I spoke with the Assistant Principal and he is not sure why the young man wants to press charges after the fact of the matter. He (Assistant Principal) is willing to write a character letter on behalf of my son because he has made a tremendous change from his usual behavior. My son has been arrested twice. One for disorderly conduct and accused of stealing some phones. Both charges were dropped but put on probation. He is on an ankle bracelet because of not coming home when "I" tell him. So the dilemma is that NO he should not have opened an "unlocked" car door at school but he did not take the item. It is because he was in the parking lot with two other boys that they think he took an item. He was identified for opening the car door but he did not take the item. I'm not excusing his action but only want to help him because he has been a hard road for the last two years. This is the first time in a long time that he even attends school regularly and even having a grade on his report card. On probation but no problems with his P.O. What can we do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

How much longer does your son have until he completes probation?

How much longer does he have to wear a tether?

Has there been any police report made?

Thanks
Customer: replied 1 year ago.


Yes Mam,


 


He is on the bracelet until September if he does well. His probation is over Next September. All I can remember is that he had 18 months probation with 23 days suspended. No police report has been made yet. A police offer I'm told was supposed to bring papers for the plantiff to sign off on saying he got his property back but he was off Tuesday and Wednesday of this week. He returned on Thursday and that's when all of a sudden the young man wanted to press charges but he has his property.

Expert:  xavierjd replied 1 year ago.
Hi Lisa,

Thanks for the information. I want to look up a couple of things for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 1 year ago.


Yes Mam,


 


Thank you so much for your assistance.

Customer: replied 1 year ago.


Mam,


 


I am sorry. His probation ends in June of next year. It started in January 2013.

Customer: replied 1 year ago.


Mam,


 


Am I still online?

Expert:  xavierjd replied 1 year ago.
Hi Lisa,

From your post, it sounds like the owner of the radio may wish to pursue charges for theft against you son and/or the persons who actually physically took the property.

Unfortunately, if your son told another person about the radio and knew that the other person took the radio, your son may still be charged as an "accomplice" to the theft. An accessory may be charged in the same manner in which the person(s) who actually took the radio.

Texas law defines the crime of theft as stealing another’s property without their express permission/consent. The taking of another’s property could be through trickery or by actually taking that property. Even if the property was returned, the crime of theft still was committed. The property must only be kept for a sufficient amount of time to deprive the owner of the radio or value of the radio.

In order to file charges of theft as an accomplice against your son, law enforcement or prosecution must show that he acted with criminal purpose. This means that your son was aware the item that was taken belonged to another person, the other persons did not have consent form the owner to take the item and he either has or had physical possession of that item or assisted in the crime. The police will attempt to prove your son's actions reached criminal intent through such measures, including but not limited to, physical evidence and statements from witnesses.

It is still possible that no charges will be filed against your son. However, if charges are filed, it is VERY IMPORTANT that you and the Assistant Principal, teachers, etc. can speak on your son's behalf as to the progress that he has made. Unfortunately, if your son is convicted of a probation violation, the judge can place the original charges on your son's record. And, the theft charges will be brought separately.

It is VERY important that your son have an attorney represent him in ANY proceedings--whether it is a probation violation and/or a new charge. You and your son may wish to contact an attorney who specializes in criminal law. You and he can discuss the specific facts of his case, evaluate his options and decide how to proceed. Your son may wish to contact the attorney who represented him in the original case, as he already has knowledge of your son and what has already occurred.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Yes Mam,


 


Thank you so much. I think it a was fool idea for the day. There is no doubt he knows better but I still keep encouraging him to keep up the good work. The Assistant Principal did tell me that some teachers and other faculty would write a character letter. Can I write one as well? Like I mentioned earlier, he has not been charged with anything. Waiting on Monday to figure out what is going on with the other student. The Assistant Principal told me he was going to talk to him again. Do I need to contact a Criminal Lawyer just for consultation or wait to see what the officers do? My son must be making some progress because even the officers were a little disgruntled with the student who got his stuff back. Is there a certain amount of time to report a crime?

Expert:  xavierjd replied 1 year ago.
Hi Lisa,

I think that it is WONDERFUL that you are standing by your son and helping him get on the right track. There are many mothers who are not as supportive as you are!

You may wish to contact an attorney for a consultation. Then, if your son is charged, you will have taken the bull by the horn. If he is NOT convicted, then you can cancel the appointment with the attorney and breathe a huge sigh of relief! The statute of limitations for a misdemeanor theft offense is 2 years. That means that a charge must be brought by the prosecutor within 2 years. However, given the facts in your post, a police report should be made within a reasonable time. I cannot tell you the "exact" time frame, but it seems that a report should be filed within a week or two. But, that is only a guess.

I hope you find this information useful.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!



I wish you and your son the best.

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