Legal Question in Criminal Law in California

Defence criminal vs civil matter

Need Help,The DA of shasta county in ca is accussing of criminal feloney of stealing my own refigerator from exlandlords (have paper trail of ownership purchased from friend who now resides in OR.)no inventory of property on rental agreement,the DA failed to address the exlandlords stealing my firearms and other personal items (sheriff report of theft prior to landlords accucations),it seems ex landlords did this in retailation due a UD being dismissed w/o preg.They perjured themselves in the UD claiming NO contract(I do have signed by one of them) and some BS inventory list I never signed or have seen until UD.The county DA had a warrent issued,(I had no clue about)arrested,detained,questioned by Police officers and no marinda ever recited(I have a witness to this fact from point of arrest to booking & release),How do I file to have it dismissed or moved to civil,Any help or suggestions welcome,I too old for this BS.


Asked on 1/24/07, 11:36 am

3 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Defence criminal vs civil matter

Hire counsel ASAP, the criminal case has a life of it's own and the defense investigation must start immediately...if not sooner.

Lawsuits and etc...can await the conclusion of the criminal case.

DJM

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Answered on 1/25/07, 3:21 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Defence criminal vs civil matter

You are going to have to defend the action if a charge has been filed. If charges have not been filed it might help to obtain a lawyer to talk to the police and DA before anything gets filed. You cannot have it moved to civil court when it is a criminal matter. I would recommend hiring a lawyer, or if you can't afford a lawyer, having the public defender represent you because anything you say will be used against you.

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Answered on 1/24/07, 1:25 pm
Joshua Hale Hale Law Group

Re: Defence criminal vs civil matter

You seemed to have gotten yourself in a pickle. Depending on how this is charged, this refrigerator could be worth enough to make this considered to be grand theft. I suggest you hire an attorney immediately to get this taken care of. If you can get this taken care of, you may be able to sue your landlord for filing false police reports against you, which can be a felony, and can result in civil penalties for defamation.

I would be happy to consult with you regarding this issue at your earliest convenience.

Joshua Hale

619.866.3535

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Answered on 1/24/07, 8:02 pm


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