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