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If someone borrows money and other items and then refuse to…

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If someone borrows money...

If someone borrows money and other items and then refuse to pay it back or give back the property, is that a criminal offense in Texas? The value is over $1000.

Lawyer's Assistant: Have you talked to a lawyer yet?

No, was thinking about talking to a district attorney.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, they have a handgun that belongs to me, owe me about $400, have a Blue Ray player of mine and a battery charger valued at another $100, the handgun cost about $450.

Submitted: 5 months ago.Category: Legal
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11/14/2017
Lawyer: Zoey, JD, Attorney replied 5 months ago
Zoey, JD
Zoey, JD, Attorney
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 5 months ago

Civil causes of action have criminal counterparts and criminal statutes have civil causes of action. So yes, if this person is deliberately trying to deprive you of your property and money, that is a theft offense and can be prosecuted in criminal court

That said, however, in order to convict him criminally, the state would have to prove his guilt beyond a reasonable doubt. That would mean trying to prove that at the time he asked you for the property and the money that he had, he did so with the intention of stealing it from you and knew all along he wasn't going to be returning it.

So probably, the police and prosecutor would tell you that you're better off suing in civil court because it would be too difficult for the prosecutor to meet his burden in criminal court. The burden of proof is far more favorable to you in civil court where even if there is doubt about what his original intentions were, you could still win the suit.

Talk to the police and report it. But don't be surprised if they don't take it on.

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Lawyer: Zoey, JD, Attorney replied 5 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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