DA rejected to file charges, what are victim's rights?

[katemla]

What is the name of your state (only U.S. law)? CALI

About 6 months after a burglary in which several electronic goods were stolen, the Sheriff's Dept recovered my laptop from a guy who claims he bought it off the street and didn't know it wass tolen even though the seller sat down with him and started ereasing my info off the laptop. The reason the Sheriff's found the guy was because he had broken into my Skype account, posed as me and made phonecalls through Skype that my credit card was paying for.

The detective told me when giving me back the laptop that he was an "honest young man" and there was no crime. She refused to tell me if she was going to recommend any charges to the DA but the Dept promised in an email to let me know when the file is forwarded to the DA's office so that I can at least obtain the guy's info and sue him in small claims.

Today the Sheriff's Dept emailed me telling me that the DA had refused to file charges. that's all I know.

What can I do about the charges? Can I at least ask somebody to review the file again at the DA's office? Can I see the file? How do I find out what info was forwarded to the DA's office by the Sheriffs? How do I obtain they guy's legal name and residential address so that I can sue in small claims? What's the procedure? I do not trust the Sheriff's Dept at all at this point, they are useless.

There are two more people that are victims of this burglary, and their stolen goods have not been recovered. The guy who had my laptop is the only link (direct or not) to the burglars and we are all shocked that he's getting away with not spitting out any information and not being charged with anything.

 

[JETX]

What can I do about the charges? Can I at least ask somebody to review the file again at the DA's office?

You can contact the prosecutor and discuss your concerns with him/her.

Can I see the file?

You can ask, but unlikely that they will allow it.

How do I find out what info was forwarded to the DA's office by the Sheriffs?

You can ask to see the officers affidavit.

How do I obtain they guy's legal name and residential address so that I can sue in small claims? What's the procedure? I do not trust the Sheriff's Dept at all at this point, they are useless.

Again, talk with the prosecutor.

 

[CdwJava]

If the computer is worth the expense, you can consult an attorney and hire him or her to seek a subpoena for the law enforcement report. You might also do as suggested and speak to the DA's office and ask why they did not file charges. Very often what a person thinks is good evidence because it makes common sense does not equate to a good case. The person who was in possession of the computer might have been given any number of legitimate sounding reasons as to why the seller was erasing data in front of him. Maybe something like, "Hold on a sec., let me erase the data on here - it belonged to my brother/sister and she would not want anyone knowing these things ..."

In any event, the state has to show that the person in possession knew - or reasonably should have known - that the computer was stolen. That can be difficult to prove. What you need to ask about is whether or not they have any info on the person that this guy bought it from as that person may be the actual thief.

What you or the police might believe is not evidence. Their thoery of the crime does not always pan out with what they can prove and that may very well be the case here.