Legal Question in Criminal Law in Texas
If your 17, about to be 18 year old son, breaks into your house or committs a crime against us, can you call the police just like you would a stranger?
1 Answer from Attorneys
If your son does not live with you and does not have a key, then he does not have a right to be in your house and is committing the crime of trespass to a habitation if he enters to hang out or to do something other than a theft or assault. If he enters with intent to commit theft or assault, then he is committing the offense of burglary of a habitation.
If he commits any other offense, then he can be prosecuted regardless of his relationship to you. Many people have children who assault them and they are prosecuted regularly. Kids are also prosecuted for theft, unauthorized use of a motor vehicle, fraud, etc. against family members.
You should call the police if your son is out-of-control. But, once you call the police you no longer have the decision on how the case is handled; that decision will be made by the prosecutor handling the case.
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