I had a friend and I stole his wallet, I was under the influence of drugs. I felt bad after and returned his wallet. He called and filed a police report but said he did not want to press charges. He just wanted me to get sober and right for my family and kids.
The detectives came out to my house today, took my statement they said to be honest that charges were not being pressed, that the reason he came out was to maybe wake up and get right.
Is that all bs? Should I expect charges to be filed? He took a statement but DID NOT read me my Miranda rights.
The District Attorney can file charges even if the victim does not want the criminal proceedings to go on. The State of California is the victim, your friend is called the "complaining witness."
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It's not up to any one "victim" or the police to "press" charges. An individual makes a police report, they write it up and submit it to the DA. The DA decides if there is enough evidence and whether or not to file charges. If your friend truly didn't want anything done, he can certainly contact the police and make that known and request that they not forward the case to the DA, but . . . it may still happen. In general, a detective isn't going to get involved, drive to your house and take a statement from you to give you a counseling session. They're looking to build a case against you.
Regarding Miranda - those are only required to be given if you're in custody and being interrogated. Typically at your own home, you're not "in custody" unless there are some overbearing factors by the police (guns out, a huge number of officers, intimidating tactics, etc)
You've already said enough. You can be proactive and hire an attorney now or just be ready to if/when charges are filed. They may or may not send you a letter indicating there are charges filed - or they may just issue a warrant for your arrest and scoop you up.
I agree with my colleagues. It is up to the DA to decide whether to file charges. Your statements constitute admissions. Whether the DA decides to proceed with this admission is something you should be prepared for. You should retain an attorney. You given them evry reason to arrest you.
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