Legal Question in Criminal Law in California

My sister stole my mom identity and charge over $50,000 at 3 major credit cards, I filed a police last year. I cleared my mom name with the banks. My question is if my sister doesn't pay up, can they come back to my mom., if so can I press charges against her?


Asked on 7/28/10, 3:52 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You cannot press charges, but your mother can.

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Answered on 8/02/10, 4:01 pm
Brian McGinity McGinity Law Office

The only person who can file charges against anyone is the District Attorney. Private individuals do not file charges against anyone. Private individuals can make a complaint and show the investigating officers the evidence and then the officers write a report and based on the evidence the DA decides to file charges or not to file. If you are not sure what the DA's office is going to do, call them and ask what they are going to do. if they aren't going to file charges, find out why and put some pressure on them. Provide them with enough evidence and they'll file.

Since the victim of the crime was your mother, she is the appropriate person to be calling the DA and finding out what is going on. Now your mother does have a civil lawsuit against your sister for the damages incurred by her actions. She can bring a civil cause of action against your sister and ask for the money she lost plus other damages. However, if your sister is not worth anything, even if your mother wins she may not be able to collect. However, if your sister has a house or other property or assets she may be able to collect a judgment.

Good luck

Brian McGinity

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Answered on 8/04/10, 3:11 pm


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