Legal Question in Criminal Law in Texas

My Husband quit a job, due to they would not give hiim a raise. They were very mad at him for quiting, now they said they are goin to have a warrant issued for his arrest because he lost some equipment off the back of a truck. But 5 other people drive this truck and to his knowledge he did not lose it. How can they bring charges on him for something they can not prove he did, and it wasnt another employee??


Asked on 8/31/09, 3:55 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Well, he "might" get charged, but the odds of a conviction are low. To charge someone, the state really only needs to show that there was a chance the defendant committed a crime, this is called "probable cause." To convict someone, the state needs to prove the defendant committed a crime "beyond a reasonable doubt" which is a much higher burden of proof.

I actually had a case dismissed recently with similar facts. The case involved a company vehicle that was driven by many employees. I pointed out that there was no way they could prove which employee committed the crime, and the case was dismissed.

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Answered on 9/07/09, 3:56 pm


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