Can I get charged with theft if the items are not found on me

I’m being accused of burglary for
entering a vacant apt and taking
fridge. Other things went missing and I
did not take them can I be charged for
the other items missing.

Asked on September 18, 2016 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can be charged if, notwithstanding that those specific items were not found on you, there is still evidence you took them. For example: say that a stolen laptop and watch were found on you; if an iPod was also stolen at the same time from the same location, it is reasonable that you took it, too, even if it was not found on you (but then you later hid, lost, sold, gave away, etc. the item). Testimony from other people (e.g. an accomplice or informant or fence) that you took the other missing items, your fingerprints near where they were, video evidence of you entering where they were, etc. would also all provide evidence.

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