QUESTION

What do I do if I am charged with theft even if the owner is not pressing charges?

Asked on Sep 09th, 2012 on Criminal Law - Florida
More details to this question:
I was caught stealing a plaque from a fraternity house, which is a common joke between fraternities. The police officer gave me a court date and the members of the fraternity came outside and said that they were not pressing charges. The officer said he had to document the incident and give me a court date.
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17 ANSWERS

The case may not be prosecuted or the fraternity members may not testify. You could be prosecuted if you try to talk to them, intimidating a witness. You need a lawyer.
Answered on Sep 18th, 2012 at 2:03 PM

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RETAIN AN ATTORNEY ASAP. Maybe the judge is from that fraternity!
Answered on Sep 18th, 2012 at 2:03 PM

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Michael J. Breczinski
I would get an attorney and fight the matter the other people may come in and tell the court that this is a cultural thing in frats and it was not intended with any malice.
Answered on Sep 18th, 2012 at 2:02 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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Without witnesses, the court will have trouble convicting you, but you MUST appear in court.
Answered on Sep 18th, 2012 at 2:00 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Hire an attorney to represent you to keep this off your permanent criminal record. The prosecutor has the power to prosecute you for a crime of theft even if the other fraternity is not pressing charges.
Answered on Sep 18th, 2012 at 1:59 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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If they don't show up for trial the case Will get dismissed.
Answered on Sep 18th, 2012 at 1:15 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You must appear for arraignment on that court date. You will learn at that hearing whether the DA filed charges or not. If he did, plead not guilty and immediately hire an attorney. If serious about do so to help in this, feel free to contact me. I'll be happy to help fight this and get the best outcome possible.
Answered on Sep 17th, 2012 at 3:26 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Hire a criminal defense attorney to try to get the charge dismissed.
Answered on Sep 17th, 2012 at 3:25 PM

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Immigration Attorney serving Salt Lake City, UT
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The officer can testify to whatever he witnessed. It makes your case somewhat better if the fraternity refuses to help him in his case, but you should probably have a lawyer helping you.
Answered on Sep 17th, 2012 at 3:24 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Theft is a crime. The owner does not actually "press charges". It is the prosecutor who files the charges based upon the evidence of a crime. The owner is only a victim/witness to the crime. It is entirely up to the prosecutor. My advice: retain the services of an attorney to help you with this.
Answered on Sep 17th, 2012 at 3:23 PM

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What the owner thinks is irrelevant. Suppose you steal from a Wal-Mart, and one of Sam Walton's daughters says its okay, do you think you're home free? No way.
Answered on Sep 17th, 2012 at 3:22 PM

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Leonard A. Kaanta
Once a crime is reported, only the prosecutor can drop the charges.
Answered on Sep 17th, 2012 at 3:22 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Doesn't matter that the owner doesn't care, once charges are made the case is in the hands of the prosecutor. .
Answered on Sep 17th, 2012 at 3:22 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Then you have to deal with the charges. The police can prosecute even if the victim says no..
Answered on Sep 17th, 2012 at 3:20 PM

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Steven D. Dunnings
Hire an attorney This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Sep 17th, 2012 at 3:20 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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If owner will not press charges the officer will have no property interest and the matter should get dismissed.
Answered on Sep 17th, 2012 at 3:19 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Some jokes can be prosecuted as crimes. Get an attorney, you might have a reasonable hypothesis of innocence.
Answered on Sep 17th, 2012 at 3:18 PM

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