burglary of a vehicle?

[robin91656]

What is the name of your state? Texas My brother broke into our fathers car but my father never reported it to the police. Now, my brother has a warrant for burglary of a vehicle. We have a friend who is a police officer & was aware of the incident; my question is can the "state" file charges without my father ever making a report? I thought the owner of the vehicle had to be the one to file a report & press charges? Cause my father does not want to press charges. Thanks for any info! Robin

 

[Carl Switzer]

What is the name of your state? Texas My brother broke into our fathers car but my father never reported it to the police. Now, my brother has a warrant for burglary of a vehicle. We have a friend who is a police officer & was aware of the incident; my question is can the "state" file charges without my father ever making a report? I thought the owner of the vehicle had to be the one to file a report & press charges? Cause my father does not want to press charges. Thanks for any info! Robin

My response:

You are correct; the County would need a "complaining witness." Therefore, this could only mean one thing - - your father is a liar.

IAAL

 

[justalayman]

Is the warrant for burglary of you dad's car?

did your dad claim anything from his insurance comapany as a loss from your brother's burglary?

I don't know if the ins co. could step in and press charges in place of your dad if dad had made a claim for the burglary but it wouldn't surprise me if it is possible.

 

[acmb05]

are you sure

What is the name of your state? Texas My brother broke into our fathers car but my father never reported it to the police. Now, my brother has a warrant for burglary of a vehicle. We have a friend who is a police officer & was aware of the incident; my question is can the "state" file charges without my father ever making a report? I thought the owner of the vehicle had to be the one to file a report & press charges? Cause my father does not want to press charges. Thanks for any info! Robin

That the warrant pertains to the incident with your fathers vehicle? He could have gotten busted doing other robberies

 

[CdwJava]

You are correct; the County would need a "complaining witness." Therefore, this could only mean one thing - - your father is a liar.

IAAL

They need a witness or evidence, but the state can pursue charges even if the "victim" did not wish to pursue charges.

- Carl

 

[Carl Switzer]

They need a witness or evidence, but the state can pursue charges even if the "victim" did not wish to pursue charges.

- Carl

My response:

That's right, the authorities "need a [complaining] witness" and your statement of "not wishing to pursue charges" presupposes that someone "complained" in the first place. You'll recall, our writer said, "but my father never reported it to the police." Ergo, Dad is a liar.

If I wanted to, I could break the windows out of my car. Hell, it's my car! But, that's not "evidence" of a crime.

IAAL

 

[CdwJava]

That's right, the authorities "need a [complaining] witness" and your statement of "not wishing to pursue charges" presupposes that someone "complained" in the first place. You'll recall, our writer said, "but my father never reported it to the police." Ergo, Dad is a liar.

You're assuming dad reported it. there are other ways it could have come to the attention of the police.

Ergo, you do not know if dad's a liar.

If I wanted to, I could break the windows out of my car. Hell, it's my car! But, that's not "evidence" of a crime.

True. But that didn't happen here.

- Carl

 

[Kane]

Somebody reported it to the police, or the police wouldn't know about it. Regardless of who did it, as long as there's evidence, the state is free to prosecute.

 

[Carl Switzer]

You're assuming dad reported it. there are other ways it could have come to the attention of the police.

Ergo, you do not know if dad's a liar.

MY RESPONSE: Tell me then. If the owner didn't report it, then who else would have "legal standing" to complain?





True. But that didn't happen here.

MY RESPONSE: What's the difference who broke the window; the owner or the son? If the owner didn't wish to prefer charges, then where's the crime?


IAAL

 

[CdwJava]

MY RESPONSE: Tell me then. If the owner didn't report it, then who else would have "legal standing" to complain?

The state.

If in the course of another investigation or by some other means they come across evidence of the burglary, then they can go ahead and charge him with the burglary.

The insurance idea forwarded previously is also a possibility.

Dad may have done it. Maybe he didn't. But there is no requirement that he did. We prosecute suspects without cooperative witnesses and victims all the time.

But, no one will know for sure until such time as it goes to trial ... if it does.

MY RESPONSE: What's the difference who broke the window; the owner or the son? If the owner didn't wish to prefer charges, then where's the crime?

The crime requires certain elements to be complete. These elements rarely (if ever) include a statement that the victim must agree to charges.

The victim here would certainly be free to testify that he gave his son permission to break into his car and steal from him thus removing one of the elements of the offense.

- Carl

 

[Carl Switzer]

My response:

Oh, brother. Go find a window, Carl, and charge somebody with a crime.

Oh, man, are you stretching from the original post. . .

IAAL

 

[CdwJava]

My response:

Oh, brother. Go find a window, Carl, and charge somebody with a crime.

Oh, man, are you stretching from the original post. . .

IAAL

Perhaps if you studied the law, this wouldn't be so difficult for you.

YOU are the one presuming dad had to have reported it. Since the law does not require him to report it for their to be a crime, your supposition is only a guess. It might be true, but it just as easily might not be.

- Carl

 

[Carl Switzer]

Perhaps if you studied the law, this wouldn't be so difficult for you.

YOU are the one presuming dad had to have reported it. Since the law does not require him to report it for their to be a crime, your supposition is only a guess. It might be true, but it just as easily might not be.

- Carl

My response:

Yeah, that must be it.

IAAL

 

[CdwJava]

Must be.

- carl

 

[outonbail]

Now, my brother has a warrant for burglary of a vehicle.

Since the OP states burglary of "a" vehicle, who's to say the warrant was for dad's vehicle?

I would think the kid would rob allot of other people before bringing his criminal behavior home to meet the family, but maybe not?

Dad being a liar wouldn't be so hard to believe, hell, the son's a thief!

Liar and thief have been known to hang out together and even swim in the same gene pool.