QUESTION
Can I be charged with a felony if the theft victims do not press charges?
Asked on May 24th, 2011 on Criminal Law - New York
More details to this question:
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?
25 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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Maybe.
Answered on Jun 10th, 2013 at 10:54 PM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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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.
Answered on Jun 01st, 2011 at 9:06 AM
Personal Injury Attorney serving New Orleans, LA
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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.
Answered on May 31st, 2011 at 10:19 AM
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.
Answered on May 31st, 2011 at 9:56 AM
Appellate Practice Attorney serving Clinton Township, MI
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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.
Answered on May 27th, 2011 at 4:57 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No, you cannot be charged if the theft victims do not press charges.
Answered on May 27th, 2011 at 1:11 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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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.
Answered on May 27th, 2011 at 1:08 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes - you can be charged with a felony.
Answered on May 27th, 2011 at 12:46 PM
If the victims do not report the crime then nothing. If it was reported the DA does not need the victims to press charges.
Answered on May 27th, 2011 at 12:37 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Charges can be filed irrespective of the wishes of a victim
Answered on May 27th, 2011 at 12:30 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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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.
Answered on May 27th, 2011 at 12:19 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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You can be charged without the victim pressing charged. The decision is up to the D.A. However they will take into consideration the return of the money. This would be a good time to hire an attorney that knows the D.A.s.
Answered on May 27th, 2011 at 12:14 PM
In a criminal matter, the decision to press charges is not the victims. The only person, in Michigan, who can bring criminal charges is the prosecuting attorney. Assuming the matter was investigated by the police, a police report will probably be turned over to the prosecutor for his/her review. The final decision on whether charges are brought is solely with the prosecuting attorney.
Answered on May 27th, 2011 at 12:14 PM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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It's a very complicated question. The simple answer is "yes". I would urge you to get an attorney right away. Feel free to contact me.
Answered on May 27th, 2011 at 8:16 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes, you can be charged even if victims don't press charges. The state brings the criminal case, it may proceed even if victim is reluctant. Though if victim is steadfastly refusing to cooperate it would be very difficult for state to proceed. In the facts you described I would absolutely contact an experienced criminal defense lawyer, it is better to have the attorney return the funds rather than you or your sister. Good luck.
Answered on May 27th, 2011 at 8:02 AM
In order for criminal charges to be filed a police report must be filed and it must be reviewed by a district attorney who decides to file charges. If no police report was taken it is doubtful that criminal charges will arise. However with an amount that high it would be advisable to get this situation resolved.
Answered on May 26th, 2011 at 12:05 PM
If the theft was reported to the police and they are investigating and charge you with theft then it is up to the state and prosecution whether they move forward with charges. At that point it does not matter if the other party says they are not pressing charges since it has become a criminal matter. If the theft was never reported and you return the money then law enforcement may not find out.
Answered on May 26th, 2011 at 11:57 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Not if no one presses charges. To ensure they dont, I strongly suggest you hire an attorney to negotiate a civil compromise agreement that would pay them back in return for not pressing charges. Do not attempt that yourself. If serious about hiring counsel to help in this, feel free to contact me. exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.
Answered on May 26th, 2011 at 11:57 AM
It is completely up to the prosecutor who reviews the case. Paying the money back may or may not help you. If the ex boyfriend reports it to the police, who then submits a report to the local prosecutor, an investigator may come knocking on your door. Should that happen, always remain silent, and only speak in the presence of your lawyer.
Answered on May 26th, 2011 at 11:57 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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First of all, be very careful about the specifics you go into on a public forum. Do not admit to anything on public forums! Technically, the state is the one who presses charges and they can proceed with or without the victim's cooperation. If you give the money back, that will take care of the restitution aspect of the case, but doesn't mean that you still can't be charged with the crime. It may help you in sentencing, especially if the victim is reluctant to press charges, the prosecution may be willing to offer you a better deal than normal. In any event, a felony is a serious crime and you need to consult with an experienced criminal attorney before speaking with anyone regarding this case, pleading guilty to anything, or agreeing to plead guilty to anything. You may be eligible for a diversion program which could keep the charge off your record.
Answered on May 26th, 2011 at 11:44 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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In Oregon, the local District Attorney is the prosecutor. If you have been charged with a crime, than someone reported it and the prosecutor is pressing for a conviction. Giving back the money that you stole could be a very helpful approach for taking responsibility and minimizing your exposure to jail or prison. You need to hire an attorney. You are way over your head. Please call.
Answered on May 26th, 2011 at 11:44 AM
In some cases it does not matter if the "victims" do not want to press charges. Yes it might be more difficult, but in some cases the government can prosecute a person even without the victim's assistance. You should hire an attorney, even if you have not yet been charged, interrogated or arrested.
Answered on May 26th, 2011 at 11:32 AM
The decision to charge someone with a felony rests entirely with the District Attorney in the parish where the crime occurred. Therefore, even if the victim of a theft does not wish to press charges, the District Attorney may still prosecute the case. That said, the cooperation of a theft victim is crucial to the DA's ability to prosecute the case, so in practice most DA's will not prosecute such a case if the victim does not sanction it.
Answered on May 26th, 2011 at 9:50 AM
In Washington, if a police report is taken of a crime, the State decides whether to file charges whether the victim wishes to press charges or not. It would be best to return the fruits of the crime as this could determine the course the State might take in filing charges.
Answered on May 26th, 2011 at 9:26 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You need to retain defense counsel for a detailed legal analysis.
Answered on May 26th, 2011 at 9:16 AM