Have Legal Questions? Ask a Lawyer Now.
Looking for second opinion and an additional question-- I'm in Texas and my roommate(A) is accusing my roommate(B) and I of burglary of a habitat. To explain the situation; Roommate A owe's me a large amount of money which I don't believe she will ever pay back. She has been promising VIA text that she will leave the rent and utilities on the counter for me, she's been saying this for over a week now. She promised to leave $700 on the counter by Sunday to pay for her debts (which is less than what she owes me) and that she would be moved out by Sunday. On Thursday, I went out to bible study and shortly after getting there, my mom called me and told me my uncle passed away. I had to leave to be with my family. So I went straight home ( a different town). Roommate B said that night that Roommate A didn't leave rent, which didn't surprise me. And when she came home, she came in with 2 guys and got ready and went out to the bar. She came back home wasted with a guy, threw up in the kitchen and in the sink. (She addmitted this in the police report but failed to include the info about the guy, falsifying the police report) She ordered pizza and they did what they planned to do (sexually) and then they passed out. The next morning my roommate B woke up due to the sound of the door chime on the alarm (sounds when the door is opened) and went into the kitchen and realized it was the guy who had been over leaving in the early morning hours and there was $700 on the counter, she called me and i told her to take it because it's the rent she's been promising to give me for a week.(Via text, she says she will leave $700 on the counter) She saw Roommate A passed out on the couch overly exposed with her bedroom door wide open. She then got ready and went home for the holiday and deposited the money into my bank account. I went back to the apartment at about 10 to find the deadbolt locked so i left to get lunch with a friend and came back about 12 and went inside then slept almost all day because I had a long night with the death of my uncle and my family. I woke up to several text messages of her accusing me of breaking into her room and stealing her money, she also threatens to "flip my world upside down" and I calmly tell her I didn't steal it, roommate B assumed that it was the money she had been promising for so long. The police were called and they took a report, which the officer KNOWS that the bedroom door was wide open, that she was extremely drunk and admits to passing out and throwing up however she didn't admit to the guys that had all been over and she claims that she remembers the money being in her room because she ordered pizza and it was there when she got home from the bar at 2:15/2:30. I honestly did not burglarize her room, I wasn't even in town. My roommate took the money from the counter because I asked her to, because I didn't want there to be any more conflict about rent and any more late fees affecting my account or credit. Today I over heard her in the living room with a friend saying that the money was actually intended for me but she got invited to a concert and then needed the money. That's why she was so "pissed". Any advice? Will there be a conviction? Is this even a case? I've been in touch with a police officer who seems to believe that this is only a civil matter and there actually isn't a case here for burglary. PLEASE HELP. I am a pre med college student and I am FREAKING OUT. This is my whole future here. UPDATE: Can either my roommate B or I be charged for theft ?
even with the text messages, of her saying that she would leave it for me on the counter, my roommate (or myself) can be charged?
So there is nothing that can be used to exclude me completely. I've admitted to the police that my roommate did take the money off the counter after I told her to and that it was deposited into my account. I also showed the officer the messages. He claimed that he wouldn't "file the report into his computer" unless ROOMMATE A, the accuser called him and told him to file it. Is this possible/legal? Is there nothing I can do to prove that she intended for this money to pay rent and it was indeed on the counter and INTENDED for me, however she changed her mind the next day because she got invited to a concert and needed the money?
Also, the police officer who took the report said that he took "two reports" one for civil dispute and one for burglary of a habitat, since she and I negotiated in front of him he claimed that he wouldn't "file/enter the burglary of habitat" into the computer unless she called him back and asked him to do so. I do understand that this isn't burglary but is it possible for a police officer to hold onto it and only enter it if the person asks? I called the PD and verified, he only entered the civil dispute, the other officers also agreed that it wasn't burglary and that they felt from the comments the officer entered that thought the officer didn't feel a crime was committed. Any insight on this?
Okay, and as for that, should I pay her back, or do you believe this money is rightfully mine?
She has been threatening and saying that she spoke to a county investigator and the police officer on the scene this weekend. I called the PD and they told me no county investigators work on the weekend, they work for the county, they're off. And also, the officer on the call was on vacation and they had no calls or visits in reference to this case. Are they allowed to lie about this or does this means she is just posturing and trying to scare me into paying her because she knows I don't have a reason to give it back? Is there absolutely no way to force the PD to view the texts she sent me?
Do you think anything i've said to them thus far incriminates either of us? How is that possible?
What SHOULD I say to them/? How much does a lawyer cost for this type of thing?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).