Legal Question in Criminal Law in Texas
Theft by relative
My son took my car without my consent. The police would not report it as stolen unless I filed an affidavit. My son is now in jail on theft charges. Is it possible to drop the charges against my son?
1 Answer from Attorneys
Re: Theft by relative
You need to consult with an attorney first. The police required the affidavit, as they were not interested in acting as a collection agency. Now, that they have recovered the car/apprehended the thief, you want them to act as a collection agency.
Victims can file an affidavit of non-prosecution, which is not binding on the ADA; as if they have sufficient evidence, they can go forward and subpoena you to testify. Then your issue becomes 'did you lie the first time or the second time?'. An attorney might be able to negotiate you out of this mess.
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