Can i file charges for the theft of my husbands cremains?

UPDATED: Oct 1, 2022

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Can i file charges for the theft of my husbands cremains?

My stepdaughter offered 500 to
someone to break into my home
and steal my husbands ashes.
That person did in fact do so
and afterwards found out that
they had committed a felony
offense and returned the ashes
when I was not home. Can I file
charges on my stepdaughter for
hiring someone to commit this
crime even though they were
returned? Thank you in advance

Asked on December 27, 2017 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is a crime to hire someone to steal another's property, including cremains; and the fact that the stolen property was later returned does not make a crime not a crime (though it is a factor which may be considered when evaluating the appropriate sentence or punishment). A crime is a crime from the moment it is committed, regardless of later actions. If you have evidence of your stepdaughter's actions, you could look to file charges.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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