Legal Question in Criminal Law in Texas

theft by receiving (hear say)

If someone is arrested because someone signed an affdavit saying that a person received stolen merchandise but did not actually see that person take any thing and then the person that has been arrested is booked in for theft of receiving because there was probable cause because the person did not have any thing to gain or loose for signing the affadavit, and the person was arrested on his job were he has worked for 3yrs. has never been in trouble with the law and the person that signed the affadavit is a student at the same place. the arrested person said he did not receive anything and offered the officers to search his home and they did not just arrested him because this person that made the accusations did not have nothing to gain or loose sign something. what should he do and please explain to me what theft by receiving mean.

Thank you


Asked on 12/06/01, 2:01 am

2 Answers from Attorneys
David Sergi Sergi and Associates PLLC

Re: theft by receiving (hear say)

If the police beleive the person who signed the statement that is deemed probable casue. You need a good lawyer who has handled many criminal cases to sort this out. If you are in the Austin/ San Antonio area please call us for a free consultation at 512 392 5010

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Answered on 12/08/01, 9:27 am
Wes Ball Wes Ball Law

Re: theft by receiving (hear say)

Theft by receiving generally means receiving stolen property with knowledge that the property is stolen with intent to deprive the owner of the property. These cases are difficult to make where the police do not find the individual in possession of the property. Anyone who is arrested for a criminal offense needs to consult with a qualified attorney without delay.

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Answered on 12/10/01, 5:28 am


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