Legal Question in Criminal Law in California
My friend stole a coin collection from her father and the DA was investigating the theft. She admitted to the DA that she stole the collection and before the DA can proceed the father died. Can the DA still charge her or does the case get dropped?
3 Answers from Attorneys
Criminals who open their yap go to jail. Smart criminals keep their mouths shut. The crime was completed when it was committed. But if Your Friend is the sole heir, maybe her lawyer will be able to argue no harm, no foul.
The D.A. doesn't have to drop the charges. The victim's death might make it impossible to prove the case beyond a reasonable doubt, but it probably won't -- especially since your friend confessed. She should have kept her mouth shut.
Mr. Stone's no-harm, no-foul analysis was probably meant as a joke. In reality I have a hard time believing it would work.
I agree with Mr. Hoffman's response. If the DA was investigating and filed charges, it is a sure bet that the father did not want her to have the coin collection, so I doubt that Mr. Stone's no-harm no foul would really apply.
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