Can I be charged with a felony if the theft victims do not press charges? - Criminal Law Questions and Answers- LawQA.com

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Can I be charged with a felony if the theft victims do not press charges?

Me and my sister stole $20,000 dollars her ex boyfriend's house. They did not press any charges but it's a class 2 felony. I was wondering if we just gave the all the $20,000 back everything would go away? If not what will happen?

Dearbonn Law Offices
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if the victims do not press charges and would rather prefer a settlement out of court, i.e your returning the money, then you will not be charged with a felony. However, if the police have reliable information about the crime, then they may well press charges against you for theft regardless.

Answer Applies to: Washington
Replied: 5/31/2011

Law Office of Peter F. Goldscheider
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As long as the police have been called they can forward the case to the DA regardless of the desires of the victim in this regard. On the other hand if you can work out something with the victims before that occurs criminal prosecution can sometimes be avoided. It is best to do this through an attorney however since any admissions you make as part of the restitution can be used against you in a criminal prosecution.

Answer Applies to: California
Replied: 5/28/2011

Answer By Seth J. Bloom
Bloom Legal, LLC
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This will depend upon whether or not law enforcement has already been notified. If the matter has already been turned over to police it will be up to the District Attorney whether or not to press charges. It may be possible that the DA would be less likely to press charges if the victims do not wish to proceed but it is not certain. You should definitely consider hiring a local attorney who will be able to determine whether or not charges are pending in this matter.

Answer Applies to: Louisiana
Replied: 5/27/2011

Law Office of Jonathan T. Sarre
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Giving the $20K back would probably help things, as it would doubtlessly act as an incentive for these folks to not go to the cops. If they already have, then chances are it won't keep the prosecutor from filing charges. The thing is, however, it would still look better to the state if you gave the money back.

Answer Applies to: Oregon
Replied: 5/27/2011

Law Office of Andrew Roberts
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Charges can be filed against you and your sister. Returning the money would certainly be a mitigating factor. Every thief whether petty or grand larceny would always want to return the stolen item for having no criminal charges filed. You should retain an attorney ASAP.

Answer Applies to: California
Replied: 5/27/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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In general, it is the prosecutor's office which decides to go forward with charges, and not the victim. Therefore, simply paying back the money will not necessarily end the matter. Should the prosecutor agree, then the case could be dismissed. You should not be making any statements or admissions either in e-mails (like this one) or in person without advice of counsel or having counsel present. Any admissions you make could be used against you at trial.

Answer Applies to: Michigan
Replied: 5/27/2011

Law Offices of Scott G. Hilderman
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Yes you can if the police find out. However, in a theft case if the victim doesn't want to press charges there will probably be none. I would advise you to give the money back. Even if charged it would help you a great deal in your case.

Answer Applies to: Montana
Replied: 5/26/2011

Answer By Jules Fiani
Jules N. Fiani, Attorney at Law
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No, you cannot be charged if the theft victims do not press charges.

Answer Applies to: Michigan
Replied: 5/26/2011

Law Office of Brendan M. Kelly
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You need to be very careful returning the funds may not get you out of a theft charge. If they did not press charges, did they report it to the police?

Answer Applies to: Nebraska
Replied: 5/26/2011

LynchLaw
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Any crime is considered a crime against the People of CA. Someone who had money taken from them might be considered a victim, or a witness, but they can't make the decision if charges will be filed or not. Now, that being said, if they don't want the defendant charged or prosecuted they may not be good witnesses. The DA does not like to go forward with trials if the main witness is uncooperative. However, a word of warning. Do not request, or encourage any witness to fail to appear or to refuse to testify. To do so could be considered a crime in and of itself. Good luck.

Answer Applies to: California
Replied: 5/26/2011

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