Burlary theft

I can't say for sure whether it will stop the criminal filing.  I believe that you should obtain counsel or otherwise provide your documents and explanation to the public defender.  The problem is that if you call the police investigator to provide this information, he or she may try to interrogate you and ultimate claim that you made contradictory or incriminating statements.  So that's just not a good idea.  Additionally, some filing deputies in the district attonrey's office may be willing to confer with your attorney prior to filing their case, others may not.  And it's definately not a good idea for you to call the DA's office.  It sounds like you have a good explanation and a good defense.  A good lawyer should be able to help you obtain the desired result. 

Although I do not practice law in the State of California, here are my initial impressions.  There are obviously a complicated set of facts going on here, which are difficult to decipher based upon those which you have provided.  What I can tell you, however, is that if you think that you may be charged with burglary, the first and only thing you should do is hire an attorney as soon as possible.  Your attorney will be able to sort through the relevant facts and develop an effective strategy to minimize your criminal liability.  Good luck.