San Diego, CA asked in Criminal Law, Federal Crimes and White Collar Crime for California

Q: Can I request a criminal case to be re-reviewed or opened again, how do I find out what the status is?

My father lived in San Bernardino, his caretaker had a POA for about 6 months before his death. Two weeks before my father's death she had him sign over a joint tenancy on his house. My father's death was declared dementia/Alzheimer's. After his death, she withdrew $365,000 from his IRA, and cleared $67,000 from his bank accounts. The after-tax $365,000 was deposited into his bank account which she was not a joint account holder. She continued to write $180,000 worth of checks as a POA. We went through mediation and I was able to get the house back but all other monies were lost. I filed a criminal charge and produced her testimony that she had written these checks as POA after his death. I turned in a 200-page report showing all documentation to the SBPD. I never heard anything back and it has been 6 months. The detective said it was highly unlikely they would prosecute because we went through mediation for the house. She wrote 20+ checks after my father had passed.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you can request a criminal case to be reviewed or reopened. If you believe the initial investigation was not thorough or if new evidence has emerged, you can contact the San Bernardino Police Department or the District Attorney's office to discuss the case and request a re-evaluation.

To find out the current status of the case, reach out directly to the detective or officer in charge of the case, or contact the records department of the police department. They can provide updates on the investigation's progress or its current status.

Given the complexities involved, especially with issues related to Power of Attorney and financial transactions after your father's death, it's beneficial to present a clear and concise summary of the case when requesting a review. Highlight key points and new evidence that may warrant a second look.

Remember, the decision to prosecute rests with the District Attorney's office, based on the evidence available and their assessment of the likelihood of securing a conviction. Persistence and clarity in communication can be crucial in these situations. If you feel the case is not getting the attention it deserves, consider seeking advice from another legal professional with experience in elder abuse and financial fraud cases. They can offer guidance on alternative legal avenues you might pursue.

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