Legal Question in Criminal Law in California

grand theft

if a person is the subject of a grand theft investigation and has a valid receipt for the item which is being claimed as stolen, does this constitute it as a civil matter?


Asked on 12/02/08, 5:34 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: grand theft

No. It's a civil matter if the seller is suing you for money or for the return of the item. It's a criminal matter if the government is trying to punish you. A receipt would be pretty good evidence to offer in your defense either way, but having good evidence doesn't magically transform a criminal case into a civil one.

Read more
Answered on 12/02/08, 6:11 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: grand theft

Having a receipt does not all of a sudden and magically convert a criminal investigation into a civil matter. The receipt might convince the police investigators that no criminal offense took place and to drop the matter. They would not participate in or have any role in a civil case.

If the person who claims the item was theirs wants to file a civil suit, that is a completely separate matter. He/she could sue in civil court regardless whether criminal charges are filed. In general, however, a victim of theft will wait till the conclusion of the criminal case which, if there is a conviction, will most likely involve court's order for restitution to the victim.

Best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 12/02/08, 7:27 pm


Related Questions & Answers

More Criminal Law questions and answers in California