Legal Question in Criminal Law in Texas
theft, harrassment,threats of bodily injury
my daughters cell phone was stolen while the battery was dead. we waited a while before cancelling because we figured the person might try to charge it and call us to return it. they day the person charged it, my daughter's father (who lives out of town and didn't know it was stolen) called to talk to her. the person then began making lewd comments on what he did to our daughter and said he was a gang member and wanted $150 or he would do something to us. my husband then called and they made more lewd comments. we immediately cancelled the phone and our carrier has helped us locate numbers called out plus numbers this person has called my ex-husband and mother from. we have traced the numbers to our next door neighbor who have 2 sons who have been in trouble with the law before. no one is home now so we haven't confronted them yet. my question is should we call the police? i would like to press charges if i have legal recourse. thank you.
1 Answer from Attorneys
Re: theft, harrassment,threats of bodily injury
Hard to say, the proof that any one person did this will be difficult, if impossible. They aren't going to charge every person in the house, and you are going to have serious difficulties with your neighbors going forward. You already know that you own some of the responsibility for not cancelling the phone immediately, and expect that the cops will point that out to you. You can call the cops, and they will investigate to determine if there is sufficient evidence to bring charges against one or more individuals.
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