Legal Question in Criminal Law in Texas

I was swimming in the Comal River and I found a plastic bag containing a Digital Camera, two I phones a 20 dollar bill and a Pack of Cigarettes. I took the bag out of the water and I through it in my trunk. I s that considereed theft. I couldn't call the people because they didn't have their phone, and befor I could do anything else I was arrested for theft. Am I in the wrong? I s there anything that I can do to beat the case?


Asked on 8/11/10, 1:05 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Theft is the wrongful appropriation of the property another. Under the circumstances you described, the property in the river was lost or abandoned. It was not the property of another.

Further removing the bag from the river was not wrongful appropriation. Removing it from the owner would be.

However, it is likely that the police have another theory about how you came by the property.

It is likely that you would have to take this case to trial and testify that you found the property in the river. It would certainly help if you had witnesses. If you can't prove how you came by these items, you are taking a chance. You need to retain a criminal defense attorney.

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Answered on 8/16/10, 4:30 pm


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