QUESTION
Is grand theft a criminal or civil case?
Asked on Feb 13th, 2016 on Criminal Law - California
More details to this question:
My live-in girlfriend died suddenly from a brain aneurysm. A year before she passed away, I bought a diamond ring from her for $9000.00. Proof of purchase is a copy of a cashier's check clearly noted, (in memo section), "for diamond ring." Bank doc shows date my girlfriend deposited cashier's check, and her signature on back. Unbeknownst to me (until 2 years later), relatives of deceased girlfriend pressed criminal charges (grand theft), and I was arrested in another state on a felony fugitive warrant issued by the county sheriff. I was able to bail out; however, as strange as it sounds, there were never any formal charges associated with the warrant (which makes it nearly impossible to resolve unless charges are pressed because without charges there is no case number to get issue before a judge). The prosecutor now has copy of cashier's check (showing I am the rightful owner of diamond ring), and I will not Self Surrender unless and/or until formal charges are pressed because state could re-arrest me and I would sit in jail for a crime not committed. Considering that police (who I spoke with at the time of girlfriend's death and gave them copy of cashier's check), knew I purchased ring, could I bring suit against the party responsible for the warrant? Police claim they didn't know about warrant, and weren't sure why detective filed a long page complaint.
1 ANSWER
I'm unclear as to what your question is. You did not include enough facts to answer your question. If you are saying that you gave her money for a diamond ring and that she bought the ring, then the ring belongs to her. When she dies, the ring passes to those who would rightfully inherit from her. Perhaps they should feel morally obligated to give you to bring back, but that's not really the issue. I am unsure why you believe that you are the rightful owner of the ring, as you were not married (unless She prepared a will or trust saying that you are to inherit the ring). If you took the ring off her finger while she was alive, or took the ring out of her property after her death, then that would be considered a theft and it probably would be considered to be a criminal act. It's probably a felony given the amount of loss ($9000.00). Perhaps an attorney could help you try to resolve the case based on your misunderstanding about whether or not you were entitled to the ring. Good luck.
Answered on Mar 17th, 2016 at 4:59 AM