Legal Question in Criminal Law in California
grand theft
if a person is the subject of a grand theft investigation and has a valid receipt for the item which is being claimed as stolen, does this constitute it as a civil matter?
2 Answers from Attorneys
Re: grand theft
No. It's a civil matter if the seller is suing you for money or for the return of the item. It's a criminal matter if the government is trying to punish you. A receipt would be pretty good evidence to offer in your defense either way, but having good evidence doesn't magically transform a criminal case into a civil one.
Re: grand theft
Having a receipt does not all of a sudden and magically convert a criminal investigation into a civil matter. The receipt might convince the police investigators that no criminal offense took place and to drop the matter. They would not participate in or have any role in a civil case.
If the person who claims the item was theirs wants to file a civil suit, that is a completely separate matter. He/she could sue in civil court regardless whether criminal charges are filed. In general, however, a victim of theft will wait till the conclusion of the criminal case which, if there is a conviction, will most likely involve court's order for restitution to the victim.
Best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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