My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The men really aren't relevant to the case, unless you were trying to say that it was the guy who took the money, and you aren't saying that. Her sexual habits don't have any bearing on the police report, her credibility as a witness, or the outcome of the case (unless she specifically gave false testimony
, rather than just leaving him out).
This really is a civil matter. Police likely will not get involved, since she owed you the money. If you do wind up in court, you can countersue for the same $700 that she already owed you, and you can testify as to what you overheard her saying, both of which will help you. You would also have the ability to subpeona her friend to testify as to what she said, but whether you want to do that will depend on whether her friend is a better person that she is. You can also use the texts showing that she said she would leave money for you on the counter. If you have texts from the other roommate saying, "Hey, there's money on the counter!," that will also help.
As far as criminal charges, you weren't even there, so you can't be charged with burglarly unless there's evidence that you and your roommate conspired to enter her room and steal. Burglary requires the entering of a building or room within a building with the intent to commit a felony. Tex. Pen. Code, Section 30.03
. If your roommate had entered the room, it would only be burglary if she were intending to do something illegal when she got there. If she had walked in to make sure Roommate A hadn't died of alcohol poisoning, that's not burglary. Also, burglary requires intent to commit a felony, and stealing $700 would be a misdemeanor
. Tex. Pen. Code, Section 31.03
. So, it's still not burglary. It could be trespass, but it really doesn't sound like there's enough evidence.
If she really tries to get you arrested and pushes the criminal charges, when this is all over, and the case is dismissed, you can sue her for malicious proseuction. The judge has the ability to award punitive damages
, based on the wrongfulness of behavior, and trying to get someone charged with a felony so you can go to a concert is pretty bad.
On top of all that, filing a false police report is a misdemeanor, so if the police drop it, you can ask them to prosecute her. Tex. Pen. Code, Section 37.08
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