Legal Question in Criminal Law in Texas

Me and my buddy where stealing street signs we where off the main road about a mile or two we where just about to take a sign when i noticed a car stop and turn around we got in the truck started driving it was a cop there was no way he could of seen what we where doing we got pulled over no reason for getting pulled over was given the told us to get out of the truck searched the truck without asking we where arrested booked and released due to probable cause said there wasnt enough evidence but we can get charged at a later day this is both our first offense what do you think im looking at


Asked on 2/05/11, 5:45 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You were released because there was insufficient evidence even though you had the street signs in the vehicle? That does not sound right. (And even though you say he had no reason to stop you, he will make up a driving violation that would allow him to stop you - I assure you of that.)

You can get charged if the prosecutor looks at the case and decides that there was a good search and sufficient evidence to proceed. I'm not sure what county you are in - in bigger counties it would be less likely because those decisions are generally made in a split second and then never reviewed but in smaller counties they are more likely to have prosecutors review the charging decisions.

If someone tries to talk with you about the case, do not talk to them (and tell your friend the same.) Lawyer up if they want to interview you.

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Answered on 2/18/11, 2:23 pm


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