Legal Question in Criminal Law in California

family theft

I just discovered that my niece, who lives and takes care of my father, has robbed his bank account dry. I want to have her arrested and removed from the home. Where do I begin? Do I go to the bank first; the DA's or file a police report? This is a delicate situation and I must have proof before I can act. Any advice would be greatly appreciated. I am extremely stressed offer this development and will need to deal with this girl�s mother as well as other family members. Sincerely, Cheryl


Asked on 3/05/09, 10:41 am

2 Answers from Attorneys
Matthew Koken Law Office of Matthew S. Koken

Re: family theft

I would call the police and file a complaint with them. They will investigate and will notify the District Attorney of what happened. Then the District Attorney may file criminal charges against her.

You can also file a civil suit against her for the amount taken plus any other damages.

Best of luck.

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Answered on 3/05/09, 12:25 pm
Terry A. Nelson Nelson & Lawless

Re: family theft

You said she robbed him; file a police report and complaint on behalf of your father. That should get her arrested. You'd need to also seek a restraining order from civil court to keep her away. If there is any likelihood she has any of the money or assets left, to make it worth going after her, you should consider suing for recovery. Either civil action would require you get court authority through a conservatorship to act on his behalf if he is 'incompetent'. If he is competent, an attorney with your help can do these things without a conservatorship. Feel free to contact me if you are serious about getting legal help in this.

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Answered on 3/05/09, 1:44 pm


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