Legal Question in Criminal Law in California

So, my house had been burglared twice and i installed security cam to catch burglared. Burglar was caught and she was my roommate's friend and she took $400 worth of possessions when she came over to our house when i was not at home. Total worth of possession taken during three times of burglary was about $1600 but wasnt sure first two times are hers. Anyways next day morning, i took her to police station to turn her in and she beg me what can she do to not go to jail. So, I told her to make agreement. She first suggested me several hundred dollar and i said if you can pay 2000 i wont turn you in but if u cant ill just turn you in. She told me its too much but at the end, she agreed to pay 2000 in exchange to not turning her in. I got my possesion back but she didnt have enough money that time to pay 2000, so we agree to pay 2000 in two month. First due date was next month but even after 35 days, she didnt pay me and lie to me and try to ignore our agreement by asking me to not pay money. So i tell her if you dont pay me, i will let your friend see what you did by posting the video and if that doesnt work, turn her into police. So, today, she told me she would pay first thousand but intead, brought her friend and said I am guilty of extortion asking for money and threatening. So I told her that I dont need money and wont post those videos, but turn her in. And she said i would get felony with extortion and she would get misdemenor, asking me dont turn her in. What can i do in this situation?

Asked on 1/10/12, 11:20 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

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Technically, you may have committed the crime of extortion. But if you made the agreement that if she paid you what you lost due to the burlaries, plus the cost of the camera to catch the burglar, and you weren't making any extra money by this agreement, I don't believe any law enforcement officer or D.A would want to prosecute you. I would go the local law enforcement agency and ask to speak to a detective who handles residential burglaries and tell him about the situation and even express your fears. I think you'll be ok my friend. .....David Wallin

Answered on 1/11/12, 10:12 am

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Anthony Roach Law Office of Anthony A. Roach

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This is one of those areas where taking the law into your own hands is a bad idea. You should have taken the security cam footage to the police, and had a police report done. If she is prosecuted, she would be subject to a restitution judgment, and you wouldn't have to worry about all this he said she said stuff and a possible charge against you for extortion.

Answered on 1/11/12, 10:22 am

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