Legal Question in Criminal Law in Texas

If someone steals an atv off your property and you catch them with it on their property. You also have several witnesses that have heard them state they stole it and even showed it to them. You then call the police and have them retrieve it with you. Is the local law involved required to issue a warrant and arrest the party for this crime immediately, or can they put it off and say they have to talk to different people get statements write up reports wait for estimates of damage to vehicle? This is considered a phelony.


Asked on 3/17/10, 4:57 pm

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

They are not required to do anything under the law unless they believe that they have probable cause to charge this guy with theft. If they didn't witness this offense, they are more likely to wait and get a warrant to get the ATV back. You may have to be patient if you are looking to get the damages paid for through the criminal justice process. You may also be able to sue this guy for the theft and damage of your property, but you would have to pay your own attorney to do that.

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Answered on 3/22/10, 5:48 pm


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