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  1. #1

    Default Under Investigation for Theft After the Police Tracked My License Plate

    My question involves criminal law for the state of: Texas

    I was contacted by a detective by a letter in the mail stating that if I dont contact him that he would issue a warrant out for my arrest.

    The incident: so I drove my friend to tomb thumb one day so he could get beer. I waited in the car while he shopped. I got a letter in the mail a couple weeks later from the police department telling me to contact the detective or else he would issue a warrant out for my arrest. Apparently they have a video of ME walking out with a stolen case of beer, and they tracked me down by my license plate. I never stepped out of my car, but the detective is convinced it was me. Now I have a meeting with the detective at 2 to discuss the incident and so he could give me a citation which he told me is "only" a class C misdemeanor. I was overwhelmed at the moment when I told him I'll go down and meet with him which made it sound like an admission of guilt. I feel like this would affect my job employment in the future(I am in the finance sector) I dont want this to go on my record, and I'm worried about the meeting, because I don't want to say anything I'll regret later. I can't afford a lawyer.

    How would I go about resolving this issue?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Detective Accusing Me of Theft by Tracking My License Plate

    You can go listen to the detective since you were dumb enough already to respond and confirm whatever suspicions he had when he went on the fishing expedition by calling/writing you. Believe me, if they had enough to arrest you, they'd have not bothered with weak assed letters and phone calls. But you've already blown step one in how to be a criminal: DON'T TALK TO THE POLICE. DON'T EVEN RETURN THEIR CALLS. Note that you don't have to have actually carried the beer. Driving the getaway car is just as incriminating as actually boosting the stuff. Do you understand that even with your lame-assed story, you're confessing to a crime?

    Don't say or admit to anything. Tell them an attorney advised you NOT to speak to them without an attorney.

    You can absolutely BELIEVE a class C misdemeanor crime of moral turpitude will have SERIOUS ADVERSE affects in financial institution eligibility. Why would we trust you with big money, if you can't even be trusted not to run off with a few beers?

    If this raises to the point that you are arrested, you can investigate a public defender at that time.

  3. #3
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Detective Accusing Me of Theft by Tracking My License Plate

    If your future matters, you'd be a lot smarter to get criminal defense counsel NOW and make no further comments.....Id not even go listen as you are likely to say too much absent counsel at your side.

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Detective Accusing Me of Theft by Tracking My License Plate

    Since you were actually there I don't see much hope for not getting charged with a crime. Clearly, they found out that you WERE there.

    And letters and phone calls are one good way to make contact with a suspect in a low level misdemeanor case. This isn't like TV, where detectives in an unmarked car will sit on your house for 8 hours waiting for you to come home so they can arrest you - at least not over a petty theft. So they might just make a phone call and get you to come in, or knock on your door and if you aren't home, send or leave a letter asking you to make contact. If you don't end up coming in, they CAN just issue a warrant for your arrest. This is actually quite standard practice, and I disagree that it means that they don't have enough to arrest you.

    As for talking to the police, there are pros and cons to every decision. While it is often in one's best interest not to talk, I can think of specific instances (specifically cases where there isn't much evidence and it's one person's word against the others') where it would be beneficial to talk. In many he/said she/said cases, person A makes a claim. Person B says "nope, didn't happen." There's often not much evidence to make an arrest there, and it's one person's word against the other's. However, when person A makes a claim and person B says "Not talking to you at all one way or the other," there is now much more impetus to say "Well, charge him with it based on Person A's statement, and let the judge sort it out."

    Of course in your case, it seems there is actually evidence placing you there. So clam up, sure, and refuse to talk. But I doubt it will keep you from getting charged. All it will do is keep you from further sinking yourself.

    The best way to avoid all of this hassle altogether is to not commit criminal offenses.

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