Legal Question in Criminal Law in California

Re: Break in

Sure. But do you really think you're going to be able to collect anything from the scumbag?

Re: Break in

Sure you can sue him. You don't have to prove as much (you have a lesser "burden of proof") in a civil court. Sue him in small claims court. And subpoena his Mom as a witness. Won't she be surprised to learn about the care and thought her son put into her Mother's Day gift.

Re: Break in

You can sue him, but in order to win you will have to prove that he committed the first burglary. The details you have provided likely won't be enough.

You will only have to prove your case by a preponderance of the evidence. This means you need only show more than a 50% chance that he committed the first theft. That's less of a burden than a prosecutor would face, so the D.A.'s belief that he can't win doesn't mean you can't. Still, I think you'll need more evidence.

As others have noted, this is a small-claims court case. I also agree that a small-time thief likely won't be able to pay any judgment you might win. You should keep this in mind before deciding what to do.