QUESTION
Can I still be charged for theft if I pay the restitution?
Asked on Aug 05th, 2013 on Criminal Law - Illinois
More details to this question:
At my pre-trial conference for m1 theft, the prosecuting attorney told me to pay restitution but it would have to be paid before my next court date which was two weeks away. My restitution is over $1000.00 and I can’t pay it in time.
8 ANSWERS
Michael J. Breczinski
You can still be charged, but if you get it paid maybe they will give you a deal where you end up with no criminal conviction. This would be on your record FOREVER. What employer wants to hire a thief?
Answered on Aug 08th, 2013 at 6:32 AM
Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye.
Answered on Aug 06th, 2013 at 8:19 PM
You have already been charged with theft. The payment of restitution is required by the court. If what you mean is - can you be convicted of theft if you pay restitution, the answer is yes. Paying back the amount you stole doesn't change the fact that you stole something. There is no way the prosecutor will drop the theft charge just because you paid restitution. If you hire an attorney to represent you, the attorney can possibly get a continuance of the payment due date and also negotiate a plea bargain to get the theft charge reduced to a lesser offense, such as "Littering." If you fail to pay restitution, there is no way the prosecutor will agree to any plea-bargain deal.
Answered on Aug 06th, 2013 at 2:34 PM
You can and most likely will be charged with theft if you pay the restitution. When you show up in court, ask for an extension to pay the restitution.
Answered on Aug 06th, 2013 at 2:22 PM
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Yes, but if you pay it, there is the possibility that the prosecutor may lessen the charge or give you some break. Don't pay it and there is no doubt that you will be charged to the full extent.
Answered on Aug 06th, 2013 at 11:45 AM
2 Awards
You can still be charged with theft even if you pay the restitution.
Answered on Aug 06th, 2013 at 10:40 AM
Thomas Edward Gates
Then you will be charged. In addition, part of your sentence will be to pay restitution.
Answered on Aug 06th, 2013 at 10:36 AM
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Ask for a continuance.
Answered on Aug 06th, 2013 at 9:16 AM