Legal Question in Criminal Law in Texas

i unknowninglly stole some property, and i thought we had permission to take the property because of certain circumstances, turns out my "friend" lied and we actually did steal. used my truck to load up the property. i talked to the owner of the property and he said he doesnt want to press charges on me, just my friend. However he wanted me to write a statement about it, i said only if i could write another statement for them saying that they would not press charges on me, get it notarised, and they had agreeded to this. I do not know whether i should write the statement or not? there was an eyewitness that said they could recgonize my truck, but i am not sure if they got the licenses plate down. I am more worried about the state picking up the charges and pursuing.


Asked on 9/27/10, 8:42 am

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

I suggest you see a local attorney about drafting the proper statements. While It might be valuable to have a waiver of prosecution form the owner What you do not want to do is sign something that can be used against you as a confession.

In all criminal cases, it is the state, not the victim that brings charges. Even if the victim does not want to press charges, the state can move forward anyway. How a waiver of prosecution is treated depends entirely upon the local district attorney. For example, where I practice, waivers usually will terminate a prosecution of a property crime, such as theft, but are ignored when the crime alleged involves domestic violence. However, confessions are damning wherever you are.

So contact a local criminal defense attorney to get the lay of the land.

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Answered on 10/02/10, 9:02 am


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