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!
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!