Legal Question in Criminal Law in Texas

My daughter got this in the mail and we aren't sure what exactly this means. Can you please explain this to us.

The state of texas

v.

681.00 in u.s. currency; and firearm

Motion for partial non-suit

----------------------------------

to the honorable judge of said court:

comes now petitioner, the state of Texas, acting by and through the criminal district attorney of Tarrant county, Texas, and advises the court that she no longer desires to prosecute this action as to respondent, (my daughter's name).(DOES THIS MEAN THE CASH AND THE FIREARM?) Wherefore, premises considered the state prays that this action be dismissed only as to the above referenced person. Petitioner does not intend to nor does it dismiss its claims as to the remaining property( what remaining property could this possibly be referring to?) made the subject of this cause of action.

The cash and the firearm mentioned in this letter was news to her and there certainly wasn't any other illegal property she was aware of belonging to her.

My daughter had just moved into an apartment with her new boyfriend and her sister and her sister's friend who leased the apt. Nobody knew it but my daughters new boyfriend was dealing drugs and the police had been following him and the apartment was raided. The girls were horrified by the whole experience and my daughter heartbroken when the officers found this guys drugs. My daughter didn't even know there was a firearm until she got this letter. Furthermore she didn't know anything about this amount of money. She only had at the most about $30.00 in her purse. She nor the other 2 girls were arrested for any of this. They did however take my daughter to jail because of misdemeanor warrant totally unrelated to any of this. It has been about 5 months ago that her ex was arrested and we were totally shocked when this letter arrived. Does this mean that they had charged her with these things without telling her, does "partial non-suit" mean they are charging her with something else? Please, help us understand what could possibly be going on and what we should do.

Thank you,

Very Confused and Once again HORRIFIED


Asked on 1/15/11, 1:48 pm

1 Answer from Attorneys
David Ortiz Law Office of David Ortiz

Based on the information given:

That language refers to a civil suit to seize the property listed. It is the DA trying to keep the money and weapon they found because they believe they were the proceeds of illegal activity. Unless your daughter believes that the property listed is hers, then she does not need to do anything further.

These papers are referring only to a civil suit (a forfeiture action).

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Answered on 1/20/11, 3:07 pm


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