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LegalEagle1, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing attorney licensed for over 23 years.
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I was in a business relationship. I think I have the documentation

Resolved Question:

I was in a business relationship.
I think I have the documentation for purchasing property, but it was not recorded.
My partner sold the property without telling me and kept the proceeds.
I sued him on a civil basis and I got back 25 cents on the dollar in a settlement.
I also filed a police report in the country where he stole my property using fraud, and have not heard back from the district attorney or local investigator. Its been about 4 months. I dont know if the DA will investigate and prosecute the case, but I think the documentation is enough to convict my partner.
Can you have a case where the civil suit is settled and the DA prosecutes the criminal case? Is it possible that I would not hear back from the DA for 6 or 9 months?
This is in a small county.
If I still want to persue the criminal case, can I still seek out the DA? and for how long?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 4 years ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

Before I answer your question I want to make sure that I understand it correctly.

You have stated that you filed a report where he stole your property? Are you referring to the real estate which was the subject matter of the civil litigation or are you talking about something else that was stolen?
Customer: replied 4 years ago.
It was the real estate that was the subject of the civil case.
Expert:  LegalEagle1 replied 4 years ago.

Generally when a criminal case arises out of a civil matter, law enforcement and district attorneys are not like to interested in pursuing criminal charges unless you have clear violation of a criminal statute and an airtight case. They do not like to get involved in civil matters, because the criminal defendant will point to the civil case as a motive for the victim and witnesses to lie.

While it is possible for the DA to prosecute a case like you describe, it is not likely he is interested. Also 4 months is a long time for him not contact you. Having said this, if you still want to go forward, you should contact the DA again and ask for a status update. The squeaky wheel gets the attention. The more you let him know you are serious about having the charges pursued, the greater the chance he will pursue the case.

As far as the time to prosecute the crime depending upon how the crime was charged, it would have either a 10, 7, 5 or 3 year statute of limitations. See Texas Code of Criminal Procedure Article 12.01.

The shortest time period for a felony theft offense is five years from the date of the commission of the offense. So if less time has passed since the crime occurred you can still pursue having the case prosecuted.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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