Legal Question in Criminal Law in California

Re: Victom of the system

Yes, you can sue, and it sounds like her share of the property is what you could hope to recover against. Contact me if interested in discussing your options and remedies.

Re: Victom of the system

Some parts of your story don't make a lot of sense. Police who have been receiving credible reports for four months which say you committed felonies would probably try to talk to you before getting a warrant. Besides, if your fiancee really wanted to murder you she probably wouldn't want you behind bars, since she would not be able to get to you there.

Further, even if she had you killed she would have no claim to your half of the house unless you have left it to her in a will. If you have a will that doesn't give her the property it would be disbursed per your instructions. If you don't have a will, it would be disbursed according to the rules of intestacy -- which make no provision for fiancees.

Given the seriousness of the situation you describe, I will assume that there are more facts here and that I would understand better if I knew what they were. Based on that assumption, here are my suggestions.

First off, get a criminal defense attorney working for you immediately. If you were able to post bail and have $250,000 equity in the house then you can probably afford a decent lawyer. If you can't pay for an attorney, the court will appoint one for you.

Second, don't worry so much about getting the D.A. to go after your fiancee. The criminal charges against you are a much bigger problem and require your attention and your resources.

You really can't do much to "pressure" the D.A. to stop looking at you as the villain and to start seeing your fiancee that way instead. D.A.s don't change their mind because of pressure (and what kind of pressure do you think you could bring to bear, anyway?); if anything, it makes them more suspicious of the person applying it. D.A.s can be persuaded by a reasoned argument, and your defense attorney will be able to help you put such an argument together.

Third, there probably isn't much point in trying to sue her civilly at the moment, since the funds you would need to pay a civil attorney would be put to better use on a defense attorney for the criminal case. You could theoretically get a civil attorney to work for you on a contingent fee, but only if he believes your fiancee has enough money to pay a large judgment. People who are willing to kill for half of $250,000 probably don't have that kind of money, and if your fiancee does then she will probably have to spend most of it on her own criminal defense before you could get a judgment anyway.

Good luck.