QUESTION
Can I press charges against someone who stole my property without direct proof?
Asked on Dec 25th, 2012 on Criminal Law - Texas
More details to this question:
At a party my brand new iPhone was stolen. It was all of my close friends except for this one guy (suspect) and his girlfriend and I went outside and smoked down some friends in my buddies car. I come back and can't find my iPhone then I see the suspect and his girlfriend leaving as soon as I start asking questions. They leave in my friends car for 30 minutes then come back but his girlfriend is gone. I called him out and he denied it then I asked his girlfriend too and they both denied being involved. I soon found out that the suspect was recently kicked out of his college in Michigan for stealing and selling iPhones and also served some time. I've also had multiple people come up to me saying that they heard that the suspect had stolen my phone. Is it possible to press charges on said suspect? Or what other legal action would I be able to take? I'm out around 550$ and tons of irreplaceable photos, texts and notes.
7 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
at
George E. Downing, Jr. Attorney at Law
Update Your Profile
This case lacks sufficient evidence.
Answered on Jun 25th, 2013 at 10:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Make a police report and the it is up to them.
Answered on Dec 29th, 2012 at 7:19 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
You can file a police report and tell the police what you have indicated in your question. It will be up to them whether they will pursue it or not.
Answered on Dec 29th, 2012 at 7:19 PM
Michael J. Breczinski
Well you can report it to the police and tell them your suspicions.
Answered on Dec 29th, 2012 at 7:18 PM
Thomas Edward Gates
You need direct proof to convict and prior wrong doings does not make him guilty if a similar act has occurred. You can try small claims to recover the cost of the phone.
Answered on Dec 29th, 2012 at 7:18 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
No one has the ability to "press charges" except for district attorneys. What you should do is contact the police. They will take a report, conduct an investigation, and forward their findings on to the district attorney. Then the DA will decide whether to press charges or not. That's about all you can do. Another route you could try would be to sue the person in small claims court. Whether or not you have enough proof will be up to a judge to decide.
Answered on Dec 29th, 2012 at 7:17 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
Report the phone stolen and see what the police are willing to do. If they used the phone, they may be able to trace the location (and some phones have locators. Check with your provider.) But, the cops may not be willing to do the work on a "small" case.
Answered on Dec 28th, 2012 at 2:41 PM