How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 13135
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

TX College Students accused of theft/burglary/need advice

Resolved Question:

Looking for additional insight and an additional questions added to the end. Thank you.-- 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 ? AND do I owe her any money? Do i need to pay her back? Or is the money rightfully mine, according to the texts and situation described.

Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Relist: I prefer a second opinion.
I added additional questions to the bottom, and still need additional insight.
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

I am sorry to learn of your difficulties.


Question: 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.


Response 1: There is no case. This is a civil matter—a dispute between roommates. It is quite a coincidence that that the money that she is now claiming to be stolen is the same amount that she had been promising to leave for you. She lives there and she must pay her share of the expenses. So long as the amount covers some of her rent and or her other expenses, that should be taken by any reasonable person and the Court to be her share of the rent and/or living expenses. She still owes you for any outstanding amount.


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 ?



Response 2
: No, there is no basis. Both of you live there. Money was left on the counter as she had been promising to do via her text messages. The money would be used to cover some of her living expenses.


AND do I owe her any money?


Response 3
: No. How can you owe her money when she has not paid her share of the expenses?

Do i need to pay her back?


Response 4: No, you do not.


Or is the money rightfully mine, according to the texts and situation described.



Response 5: The money is rightfully yours. She cannot expect to live there for free. You are not responsible for her expenses.

Customer: replied 1 year ago.

Based on Texas laws, and the responses from the other attorneys , I've seen conflicting responses.


 


Is there any exactly penal code or jurisdiction writing... anywhere that proves this?


Can they even investigate ?

Expert:  Phillips Esq. replied 1 year ago.

Based on Texas laws, and the responses from the other attorneys , I've seen conflicting responses.

Is there any exactly penal code or jurisdiction writing... anywhere that proves this?

Response 1: There is no exact Texas Penal Code dealing with your particular circumstances. However, see Texas Penal Code Title 7 Chapter 31 Section 31.03. Also see Chapter 30 Section 30.02. These Chapters and Sections deal with theft and burglary. The circumstances that you described do not rise to the offenses of theft or burglary.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.31.htm#31.03

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm#30.02

Can they even investigate ?

Response 2: I do not see how. I would be surprised if they did.

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 13135
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Why would other attorneys say that there could be an investigation? Does the police department HAVE TO consider the text messages? As they are the reason why the money was believed to be mine.

Expert:  Phillips Esq. replied 1 year ago.

Why would other attorneys say that there could be an investigation?


Response 1: I do not know. All Attorneys do not think alike. Every Attorney renders information based on information presented. The Attorney can be mistaken in his/her analysis of the case. Law is not an exact science. If it were, there would not be an appellate system to review the decisions of lower Courts. No Attorney can guarantee the outcome of any case or what the Police would do.


Does the police department HAVE TO consider the text messages? As they are the reason why the money was believed to be mine.


Response 2
: The Police would review all relevant information in the case. The text message is relevant in your case. That's the basis for your instruction to Roommate B to pick up the money for you.

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 13135
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Phillips Esq.
Phillips Esq.
Attorney
2235 Satisfied Customers
B.A.; M.B.A.; J.D.