Legal Question in Criminal Law in Texas

Is a ciminal complaint affadivit (by itself) enough evidence to get charged with a theft class b misdemeanor in the state of Texas?


Asked on 1/09/20, 4:03 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Not quite sure what you are asking. People are charged with misdemeanors, generally, by information. The police take information about an alleged crime and present it to the district attorney's office who decides whether charges will be filed. If someone provided an affidavit saying that something was stolen from them and it states sufficient information, a charge can be filed. No affidavit is required, tho. (Although if someone is not arrested at the scene and a warrant issues, the police file a sworn affidavit in order to get the warrant.)

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Answered on 1/13/20, 7:45 pm


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