Legal Question in Criminal Law in California

the DA can file charges all day long ... whether you are convicted or not, or of what is another matter entirely. Talk to some attorneys local to where the case will be heard. Good luck!

The District Attorney can file, and he can get a conviction if he proves the defendant received the stolen property. If the District Attorney has that proof, it is not necessary for the property to remain in the defendant's hands. That proof can be anything from eyewitness testimony from witnesses who saw the defendant receive the property, to an admission by the defendant that he had the property at one time.

CAN he file? Sure. Anything he wants to, and thinks he can get a conviction on. There is nothing you can do to prevent him 'filing'. It is up to your attorney to challenge and defend to keep you from being convicted.

When charged with any crime, the proper questions are, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.