Legal Question in Criminal Law in California
my daughter visit me and rob my house. I took inventory my things and it over 6,000.00 worth things taken from me. I did a police report and press charges.The on the report is felony/larceny. They say it under investigation...... mean time I am out of things that took years to accumulate. meantime I want to go small claims court and sue her. Should I go to small claims court or civil court. what is my chances of recovery on the money and conviction of her crime. She is 26 years old.Should I contact a attorney?
2 Answers from Attorneys
Bottom line, is that if you are planning to sue her in civil court, the burden will be on you to not only prove that she took what you are claiming that she took, but also the value.
BARRY BESSER
www.besserlaw.com
Winning a civil case judgment, and ever collecting anything from the defendant, are two different issues. If she has nothing, nothing is what you will collect. Suing might make the DA less interested in pursuing the criminal case and getting you a restitution order.
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