Legal Question in Criminal Law in Texas

My son was in a relationship with a girl on and off for several years. They had a child and he was there thru the whole pregnancy and delivery. He paid what bills they had but she was living in government housing and all that she had to pay was phone and electric cause she didn't claim him as living there. After the baby was born she kicked him out several times usually after the bills were paid for the month! She kicked him out the last time after he paid the bills but she always let him keep his key cause they were on and off so many times it was unreal. She came to my house (his mom) where he was staying inbetween kick outs and stole money from him while he slept. I know this cause I was outside working in my shop beside the house when he would come running out when he realized what she had done! I called her and threatened to call the police if she didn't bring the money back. The first time she did but the second time she would not cause she said she used the money to but cereal for the baby and did I won't her to take the cereal back to give me the money back. I didn't do anything to her just told her not to come to my house again unless I was present or I would call the police next time. My son was angry for what she had done in my house and went to her house to retreave some of his stuff that was still at her house and in the process took a flat screen tv that was bought while they were together. He didn't buy it , she bought it with money she received from letting her parents claim her and my son and her child as dependents on their taxes even though they didn't live with them and my son was the one paying the bills. She took that money and bought the tv and he took it and pawned it to get some of his money back for what she had stolen from him or at least that was his thinking at the time. He still had his key and did not break in. He took a dvd player of his and she also claimed to be hers. He was picked up for burglary of a habitation and now we at odds as to what to do. She also went to child support court and lied about him staying with her all the time so they got him for back child support too when he has been there all the time except the last 2 months taking care of them while she did not work. He don't know whether to plead not guilty or guilty. Yes he took the tv and yes he pawned it but that should have been considered both theirs. They were separated but he still had a key and still had his things in the apartment. They cannot be considered common law married because she is still married to her other childs father even thoug they are not together and havent been for years. My son has lots of money going out to finance companies and bills he has made over the last couple of years. He don't know if he can pay probation but he dont know if he can lay out his time or even what to say or do in court.This is his first time in trouble , he turned 21 may 24. He works all the time and he is a good kid. If you have any suggestions it would be appreciated. I am disabled and cannot afford a lawyer and a court appointed lawyer is not attainable until the day of court and I think you have to plead not guilty so I don't know what to do!!


Asked on 6/09/10, 10:47 am

1 Answer from Attorneys

TC Langford Langford Law Office

He needs to hire a lawyer. Based on the information you provided, he should not plead guilty to stealing property that conceivably belongs to him. Obviously these two have created a complex situation, but it may not rise to the level of a crime. If he qualifies for a court-appointed attorney, then he should decide what to do, based upon the advice of his counsel. If he does not qualify, then he needs to get a second job to pay to hire one.

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Answered on 6/10/10, 10:08 am


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