Legal Question in Criminal Law in California

Is it okay for the biological father to take funds from a memorial fund set up for my dead son to go buy his own personal burial plots for him and his wife.

I am married to the bio mom and raised Brandon since he was three. His bio dad was barely in his life while he grew up. He killed himself in April. A dinner raised money for brandon and his two daughters to help with expenses and the rest to be put in accts for the girls. His bio dad said he was going to pay off some funeral expenses got a check and instead paid for his and his wifes personal burial plots in the amount of a few thousand dollars. I am a retired sheriff and this seems to be embezzlement by misrepresentaion, grand larceny, fraud, misappropriation of funds by trickery. What do you think? Biomom wants to file felony charges. We r in CA.


Asked on 1/02/12, 12:35 pm

2 Answers from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

You are a sheriff and don't know that California has no "filing of charges" by victims?

In California, the victim is merely a witness, charges are filed by the prosecuting agency, DA or City Attorney (and sometimes AG). And a sheriff would have a hotline to a DA who gives guidance in arrests, and filing situations. Something ain't right

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Answered on 1/02/12, 1:40 pm
Anthony Roach Law Office of Anthony A. Roach

You may have a civil action. Determining that, however, is going to depend on how much of this was oral, and how much documentation was kept regarding setting up the fund, and paying the bio dad the money. For example, if cash was used, that is going to be hard to trace. But if a check was issued, with a memo line filled in, it may be easier.

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Answered on 1/02/12, 6:56 pm


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