Charged Twice

[Kpk456]

What is the name of your state? Texas

My sister took a plea and recieved 5 years probation. This was for theft charges. They combined several cases to form one charge. While she was in jail (8mnths), they never went into the home that she lives in (in her sons name) and she is now afraid to go there (she has been out 1 week), fearing they will come in the house, find something stolen (that was not included in previous combined charges) and create another charge.

Please guys.. I know you get tired of what you see as stupid questions and I know she should be scared. Any idiot who will do something like this.. well they deserve what they get. Period. It still doesn't mean she doesn't have the right to know and I have tried to search but can't come up with anything that really says this.

Reading between the lines, she obviously has something in her home that she knows she stole from someone who wasn't listed in the combined charges. Can they come in (not from any violation.. just to come in and try to find something more) and create an additional theft charge and put her back in jail?

Anyone? I appreciate anyone who will truly answer... I haven't commited the crime, so don't hammer me.. I'm just trying to find an answer for her AND I want to feel ok if I do go to her house that police aren't going to come there door while I'm around!

 

[smutlydog]

What is the name of your state? Texas

My sister took a plea and recieved 5 years probation. This was for theft charges. They combined several cases to form one charge. While she was in jail (8mnths), they never went into the home that she lives in (in her sons name) and she is now afraid to go there (she has been out 1 week), fearing they will come in the house, find something stolen (that was not included in previous combined charges) and create another charge.

Please guys.. I know you get tired of what you see as stupid questions and I know she should be scared. Any idiot who will do something like this.. well they deserve what they get. Period. It still doesn't mean she doesn't have the right to know and I have tried to search but can't come up with anything that really says this.

Reading between the lines, she obviously has something in her home that she knows she stole from someone who wasn't listed in the combined charges. Can they come in (not from any violation.. just to come in and try to find something more) and create an additional theft charge and put her back in jail?

Anyone? I appreciate anyone who will truly answer... I haven't commited the crime, so don't hammer me.. I'm just trying to find an answer for her AND I want to feel ok if I do go to her house that police aren't going to come there door while I'm around!

Although probation in Texas isn't as strict as it is in a state like California, technically they can show up at your house and look around. Her son needs to remove the stolen property and if it is traceable it should be destroyed. Stolen property is stolen property no matter how you slice it.

 

[Kpk456]

Although probation in Texas isn't as strict as it is in a state like California, technically they can show up at your house and look around. Her son needs to remove the stolen property and if it is traceable it should be destroyed. Stolen property is stolen property no matter how you slice it.

Ok-so am I correct in reading that the police can come into the home anytime and for any reason.. even to search etc? Or are you referring to probation officers?

And further, is this correct? If there is some unsolved theft case outstanding, can they(police) come into her home (well her sons home but where she is living) and search for any items that may have been stolen previously? When she was charged before, they found her at the site with items... they have never been into her home. They did come with a search warrant, while she was in jail but since the house was in her sons name-they didn't go in but never came back with a correct one...

She is scared out of her mind (she should be) and clearly she has things. She (hopefully) has learned a lesson but is terrified that something she did previously, is going to get her now and will send her to prison-even though done prior to spending the 8mnths in jail.

Understand that this case was fraught with many questionable things. We were advised by several attorneys (including the one we used but he said that he would lose his career there if he challenged them) to go to find a Dallas attorney who would sue the city due to many things they did, however, due to money, that was not an option. There were countless things done that were way out of line by the police department (small town) and so she is doubly scared that she is set up. Last week the judge told her he was denying the plea and was going to sentence her to the max but then 2 hrs later, called her back into the courtroom and said he reviewed her case and justice wouldn't be served by her spending time in jail so he was going to accept it. The attorney seemed stunned by the change and is unsure what to make of it.. my sister is convinced, it is only to let her out so they can get in the house and make more charges so she will sit in jail longer... ahhh the drama.

Oh well.. any more advice is so very appreciated.

 

[ceara19]

Although probation in Texas isn't as strict as it is in a state like California, technically they can show up at your house and look around. Her son needs to remove the stolen property and if it is traceable it should be destroyed. Stolen property is stolen property no matter how you slice it.

This really isn't a good idea. Yes, the son needs to remove the property, but he needs to turn it over to the authorities so that it can be returned to the owner! Drop it off without leaving a name, mail it, whatever, but DO NOT destroy evidence. If it was property that was stolen from YOU, wouldn't you want it back?

What the woman SHOULD do is talk to the DA, explain that she just realized she still had some of the stolen property and beg for mercy in exchange for returning the property, but I doubt that's the way she'll go.

 

[Kpk456]

What the woman SHOULD do is talk to the DA, explain that she just realized she still had some of the stolen property and beg for mercy in exchange for returning the property, but I doubt that's the way she'll go.

Well... I'm the first one to get furious over the stupidity of this stuff and the impact it has had on my family. It makes no sense to me to do something to stupid.. period. However, with that said.. there is no way that I'd even think she should go to the DA with more. She'd be signing her way back in. It would take far too long to go into the things that have happened and I don't expect anyone here to believe that could possibly happen (only because when I read this, I seem to find one excuse after another after another and I can only imagine that is how the justice system works in general..) but I'm not making excuses for her. Only trying to find answers.

Oh and when I told her the message said to destroy, she immediately said 'omg-I can't do that-they'd really get me' so she seems to know that isn't an option. Although, it doesn't sound as if there IS an option? It sounds as if she is screwed regardless. I still don't have an answer to if the police can come into the house for whatever reason now?

Oh and yes.. I would want it back but the problem is.. she is going to have NO idea where anything came from. We are talking towels, dishes.. things like that. (I'm assuming because she said to me--how could I remember where things came from and they could say my towels and dishes were stolen---I'm reading between the lines that this means it is an example of what she has.)

 

[outonbail]

Oh and yes.. I would want it back but the problem is.. she is going to have NO idea where anything came from. We are talking towels, dishes.. things like that. (I'm assuming because she said to me--how could I remember where things came from and they could say my towels and dishes were stolen---I'm reading between the lines that this means it is an example of what she has.)

Dish Towels?

Here I was envisioning giant screen TV's and Snap-On Tool Bins filled with tools,,,,,

 

[Heather2]

Ok-so am I correct in reading that the police can come into the home anytime and for any reason.. even to search etc? Or are you referring to probation officers?

And further, is this correct? If there is some unsolved theft case outstanding, can they(police) come into her home (well her sons home but where she is living) and search for any items that may have been stolen previously? When she was charged before, they found her at the site with items... they have never been into her home. They did come with a search warrant, while she was in jail but since the house was in her sons name-they didn't go in but never came back with a correct one...

She is scared out of her mind (she should be) and clearly she has things. She (hopefully) has learned a lesson but is terrified that something she did previously, is going to get her now and will send her to prison-even though done prior to spending the 8mnths in jail.

Understand that this case was fraught with many questionable things. We were advised by several attorneys (including the one we used but he said that he would lose his career there if he challenged them) to go to find a Dallas attorney who would sue the city due to many things they did, however, due to money, that was not an option. There were countless things done that were way out of line by the police department (small town) and so she is doubly scared that she is set up. Last week the judge told her he was denying the plea and was going to sentence her to the max but then 2 hrs later, called her back into the courtroom and said he reviewed her case and justice wouldn't be served by her spending time in jail so he was going to accept it. The attorney seemed stunned by the change and is unsure what to make of it.. my sister is convinced, it is only to let her out so they can get in the house and make more charges so she will sit in jail longer... ahhh the drama.

Oh well.. any more advice is so very appreciated.

I know the cops can search her if she is pulled over since she is on probation so I would assume they can search her home too. I agree with smutlydog get rid of the stolen property. Giving the evidence to the DA would just be asking for for jail time.

 

[acmb05]

I know the cops can search her if she is pulled over since she is on probation so I would assume they can search her home too. I agree with smutlydog get rid of the stolen property. Giving the evidence to the DA would just be asking for for jail time.

No the police can not just come in and search her home where she is living without a search warrant, However her Probation Officer can make spot checks without notice whenever he gets a hair up his butt to do so. And HE does not need a warrant to do so.

 

[acmb05]

Now unless the towels are special designs and hard to find and the dishes also just how do you suppose they would prove that they are stolen and they were not bought by her son while she was in jail.

Now if she has stuff that has serial numbers on it she should definately get rid of it.

 

[outonbail]

Now unless the towels are special designs and hard to find and the dishes also just how do you suppose they would prove that they are stolen and they were not bought by her son while she was in jail.

Now if she has stuff that has serial numbers on it she should definately get rid of it.

Those embroidered "Holiday Inn" or "Motel 6" bath sets are a dead giveaway!
You can get away with the little bottle of Body Wash and maybe a pen,,, but when you start pilfering the linen, your just asking for trouble!

I've seen people who started off with a wash cloth or two and the next thing you know, they're out of control! They bring empty suitcases and stuff them with pillows, remotes for the TV, ice buckets, ironing boards and blow dryers,,, They just can't stop themselves, it's like a drug addiction, only without the bad skin.

I don’t know if anyone else has noticed, but you don’t see near as many of those “Color TV" signs out front anymore either,,,, Your sister doesn't happen to know where any of those have gone does she?,,,,,

 

[ceara19]

Well... I'm the first one to get furious over the stupidity of this stuff and the impact it has had on my family. It makes no sense to me to do something to stupid.. period. However, with that said.. there is no way that I'd even think she should go to the DA with more. She'd be signing her way back in. It would take far too long to go into the things that have happened and I don't expect anyone here to believe that could possibly happen (only because when I read this, I seem to find one excuse after another after another and I can only imagine that is how the justice system works in general..) but I'm not making excuses for her. Only trying to find answers.

Oh and when I told her the message said to destroy, she immediately said 'omg-I can't do that-they'd really get me' so she seems to know that isn't an option. Although, it doesn't sound as if there IS an option? It sounds as if she is screwed regardless. I still don't have an answer to if the police can come into the house for whatever reason now?

Oh and yes.. I would want it back but the problem is.. she is going to have NO idea where anything came from. We are talking towels, dishes.. things like that. (I'm assuming because she said to me--how could I remember where things came from and they could say my towels and dishes were stolen---I'm reading between the lines that this means it is an example of what she has.)

I know EXACTLY how you feel. My sister has pretty much screwed over everyone in her life because of her stealing, lying BS. The worst was when she decided to "buy" a $60K SUV with a hot check! Not only is she a criminal, she's a dumbass criminal. She stole a car with ON STAR!!! She stole so much crap using hot checks and stolen credit cards she could tell you WHERE she got the stuff. She couldn't even tell which things were stolen and which ones she actually did buy!

Even though she can't remember where she got the items, she can still have them turned over to the authorities anonymously and let them sort it out. Overall, I don't think it will make any difference, whatever she decides. It doesn't sound like she's very remorseful, since she doesn't seem interested in doing the RIGHT thing. If she's not sorry for what she did (as opposed to only being sorry that she got CAUGHT), she won't be out of jail for long.

 

[ceara19]

Those embroidered "Holiday Inn" or "Motel 6" bath sets are a dead giveaway!
You can get away with the little bottle of Body Wash and maybe a pen,,, but when you start pilfering the linen, your just asking for trouble!

I've seen people who started off with a wash cloth or two and the next thing you know, they're out of control! They bring empty suitcases and stuff them with pillows, remotes for the TV, ice buckets, ironing boards and blow dryers,,, They just can't stop themselves, it's like a drug addiction, only without the bad skin.

I don’t know if anyone else has noticed, but you don’t see near as many of those “Color TV" signs out front anymore either,,,, Your sister doesn't happen to know where any of those have gone does she?,,,,,

I know it's wrong to steal the towels from you hotel room, but have you SEEN the towels that Marriot uses. I've never seen a towel that perfect in stores. They also have bathrobes make out of the same fabric. It's just to hard NOT to take them. Of course, instead of stealing them, you could just buy them from the hotel. But at $75 for ONE towel and $175 for a robe, snatching them off the maids cart is more cost effective.

 

[Heather2]

No the police can not just come in and search her home where she is living without a search warrant, However her Probation Officer can make spot checks without notice whenever he gets a hair up his butt to do so. And HE does not need a warrant to do so.

I thought Carl said they could but I'll take your word for it.

 

[acmb05]

I thought Carl said they could but I'll take your word for it.

The probation officer can at any time come to your home while you are on probation and do a search of your home. The police would need to obtain a warrant first however it probably would not be that hard to get one.

 

[outonbail]

The probation officer can at any time come to your home while you are on probation and do a search of your home. The police would need to obtain a warrant first however it probably would not be that hard to get one.

Or they could bring a probation officer along with them,,,,