Legal Question in Criminal Law in Texas

A detective is accusing my son of theft. He said he has enough evidence to arrest him. He said he has 2 people who say they seen him with the item in question. He has yet to arrest my son. He keeps calling my son telling him he needs to prove he is innocent. But in the same breath tells him he has enough evidence to arrest him. So if he actually had the evidence, why wouldn't he arrest him and close the case? My son said he didn't have the item. What should we do? the detective just keeps calling and it has been going on for 2 months.


Asked on 9/26/12, 5:18 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

The detective wants your son to confess to the crime. If he has the evidence then he can arrest him anytime before the statute of limitations expires (probably in two years).

The more that your son talks to him, the greater the chance that your son might say something incriminating. Your son should not talk to him unless he has talked to an attorney and the attorney has told him what to do. Probably, the attorney will tell him not to talk to the detective at all.

Of course, there is the possibility that your son will be arrested, but that possibility is there now.

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Answered on 9/28/12, 8:20 am


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