Response to Property Burglary

Discussion in 'Stolen Property & Criminality' started by Taildragger-J3, Oct 25, 2017.

  1. Taildragger-J3

    Taildragger-J3 New Member

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    Not asking for authoritative legal advice, just wondering.

    By my understanding, we are within our rights to defend ourselves and property when being robbed - property taken from us by force. If, however, I discover someone has broken into my shop and is hauling off several $$ worth of tools and personal property, what recourse do I have to stop a burglary in process. Calling 911 should obviously be done, but waiting 10-20 minutes for LEOS to arrive means that my stuff will be LONG gone.

    There have been a few burglaries in our neighborhood on the edge of town and it got me to thinking.
     


  2. craigntx

    craigntx Daca is caca

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    At night you can bust a cap in that ass
     
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  3. Mikewood

    Mikewood Well-Known

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    While the use of deadly force to protect property or criminal mischief during the night is lawful you must weigh the property against the cost of the use. Say you loose your nice 20v dewalt tool set plus your big rolling tool box and a couple power tools. The cost might be $5,000 or so. That sounds like a lot. In Texas if you lawfully shoot someone you must go before a grand jury. A “slam dunk” trial is about $10,000-15,000.

    When it comes to the life of my family a $15,000 bill from a lawyer is nothing. Otherwise I have nothing in my garage worth the headache of dealing with lawyers.

    Why not spend a few hundred reenforcing your garage to make it more criminal resistant. Lights, siren, pin the doors or add electric doors. That’s cheap.
     
  4. Charlie

    Charlie TGT Addict TGT Supporter

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    The above is spot on!! EVERYTHING is cheaper than an attorney! :green:
     
  5. Dawico

    Dawico TGT Addict

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    So you always have to go to trial even if it is a slam dunk case? That doesn't sound right but could very well be mistaken.
     
  6. Dawico

    Dawico TGT Addict

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    Call the police while following them.
     
  7. Charlie

    Charlie TGT Addict TGT Supporter

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    This! Be the first one to call the police!
     
  8. Mikewood

    Mikewood Well-Known

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    Yep. 100% of all cases where deadly force is used must appear before a grand jury. Most self defense cases are no bills meaning the grand jury does not formally bring charges against the defendant. When they do then the defendant is tried in criminal court which is separate from the grand jury proceeding. There is also less of a burden of proof needed in the criminal trial so if you make it past the grand jury the criminal trial should result in a conviction.
     
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  9. Lunyfringe

    Lunyfringe Active Member

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    Grand jury isn't the trial... they decide if you'll be indicted.
    www.texasmonthly.com/the-daily-post/is-the-grand-jury-system-in-texas-broken/

    Doesn't mean it won't suck.
    And shooting someone over stuff is not the same as directly defending your (or someone else's) life... this is where security cameras, etc can help deter or ID thieves.

    Oh, and thieves suck...
     
    Last edited: Oct 25, 2017
  10. TAZ

    TAZ Active Member

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    Ok. This is completely bassakwards from what I’ve been told. My understanding is that you will face a grand jury no matter what. The purpose of the grand jury is to figure out if a trial is warranted not wether one is guilty. GJ are not as formal as a trial where guilt must be proven beyond a reasonable doubt. This is why prosecutors can shop GJ till they get one that dies what they want. You can be billed by a GJ and still be found innocent by a jury. Criminal trial has a relatively high burden of proof. Higher than a GJ or Civil case.

    If you are no billed by a GJ you may get some protection from civil suits. No real idea how much. If you’re billed you will go to trial in criminal court. If you’re found innocent you may get some protection from civil suits. If not you’re ass is going to jail and the poorhouse as the civil suits will mount in addition to the criminal process you’re going to be going through.

    Either way, you’re going to be in legal hell for weeks to months to years. What thing in your life is truly worth all that risk? In my non lawyer opinion, if you’re pulling a gun and shooting someone you better have a good reason why you feel you, your loved ones or some other person is in imminent danger.
     


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