Legal Question in Criminal Law in California
In CA law-a man presses charges on another for illegally using the man's credit card ($500 worth). but then, the man dies. what happens to the charges then? are they dropped? if not, who can pursue them?
Asked on 1/23/10, 5:36 pm
1 Answer from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
An individual cannot "press charges" on someone else. Individuals make reports to law enforcement, which are forwarded to the District Attorney for review. Only the DA can file a criminal case. Once filed, only the judge can dismiss the charges.
If there was enough evidence to continue the prosecution after the cardholder's death, the District Attorney might continue to pursue the matter. However, the DA might have a hard proving the use of the card was unauthorized.
Answered on 1/28/10, 5:44 pm
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