QUESTION
Do I still have the right to prosecute if I get paid back?
Asked on Jul 27th, 2012 on Criminal Law - New Jersey
More details to this question:
My roommate stole $1,000 from me. I am, of course, pressing charges. It's been a month since all this went down, so who knows how long this legal go-around is going to be drawn out. Two days ago, her mother contacts my mom, saying that she wants to make the money portion right with me. I really need the money back badly. But I don't plan on dropping charges, because the way I see it, she still did wrong and should receive the just punishment regardless of whether her mom bails her out money-wise. I don't know much about how these sort of proceedings work, because I have never been in a situation like this. I just don't want to accept the money, and it cause problems when court rolls around.
26 ANSWERS
Yes.
Answered on May 28th, 2013 at 11:45 PM
Repayment of stolen money does not negate the fact that a crime was committed. A person does not have the power to 'drop charges'. Only a prosecutor can dismiss charges. You should consult with the prosecutor who can advise if accepting restitution is proper and not an attempt to illegally have criminal charges dropped and whether accepting restitution would affect the prosecutor's decision to go forward with the case.
Answered on Aug 20th, 2012 at 12:17 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Technically you are right; however, since you have been paid, the case will probably not go forward. I do not know enough about where the case is, if at all, in the criminal system.
Answered on Aug 19th, 2012 at 10:17 AM
An individual has no "right" to prosecute anyone. Only the D.A. has the authority to do that. You can certainly call the D.A. and urge him to file charges and or tell him you are willing/eager to testify. But, the final decision is up to him.
Answered on Aug 18th, 2012 at 1:42 PM
Accepting the restitution at this point does not dismiss the charges but will help your roommate in plea negotiations with the state. Take the money.
Answered on Aug 18th, 2012 at 1:38 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can try to pursue criminal and civil action, but the police and DA will decide whether to take the case, or continue it once they learn you've been paid.
Answered on Aug 18th, 2012 at 1:29 PM
William C. Gosnell
Take the money. This case is styled state of Tennessee vs. defendant. You are only a witness. You have no control over this. Defendant is getting probation no matter what you want.
Answered on Aug 18th, 2012 at 1:17 PM
Michael J. Breczinski
Talk to the prosecutor in your matter. If the person is convicted the judge will order that the money be paid back but sometimes it is better to get it early. The prosecutor will discuss all options with you.
Answered on Aug 18th, 2012 at 1:03 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It will cause problems either way. If you don't accept the money the defense may argue you are being vindictive and your testimony should not be believed. Take the money and let things go.
Answered on Aug 18th, 2012 at 12:55 PM
In general, payment of restitution by a defendant does not alleviate the punishment the state may impose for a crime. It is up to the District Attorney to determine what the appropriate plea recommendation will be but for a larceny charge, the offer often requires the defendant to complete a class related to correcting the bad behavior, etc., along with payment of a fine, VCA, and court costs plus restitution, if any.
Answered on Aug 18th, 2012 at 7:59 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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You should talk to the prosecutor (the District Attorney's Office) and make sure that they know the defendant's mother is paying you. They will decide whether you should take the money. They will probably let you take the money. Even if a person returns the stolen property, they still can be prosecuted for taking it. There are civil cases and criminal cases. A criminal case is prosecuted by the state. A civil case is a private matter. You may not be able to sue your roomate, but their mother returning the money will not lead to a dismissal of the criminal case (so long as the prosecutor is interested in pursuing the matter).
Answered on Aug 18th, 2012 at 7:53 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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I don't see how it makes a difference if you accept the money as opposed to refusing to accept the money.
Answered on Aug 18th, 2012 at 7:00 AM
Once you press charges it'll be for the prosecutor to continue or not . . . NOT you.
Answered on Aug 16th, 2012 at 2:45 PM
1 Award
Taking the money does not necessary mean you have to drop the charges. However, it is less likely your roommate's mother will be willing to pay you if she knows that you won't drop the charges.
Answered on Aug 15th, 2012 at 5:00 PM
First of all, the right isn't yours, it belongs to the prosecutor's office. Paying back is a mitigating factor that the prosecutor will consider, but the right to prosecute is not yours.
Answered on Aug 15th, 2012 at 4:58 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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That depends upon the criminal statutes of your area. In Alaska, charges are made by the State, not by individual victims of theft. So, even though restitution has been made, it would be up to the prosecutor to dismiss the underlying charges.
Answered on Aug 15th, 2012 at 4:58 PM
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You can still try and press charges. But the DA will probably dismiss the case when you get paid anyways, whether it is through the court or before the court. The DA will still call you and ask what you want and you can tell them to give probation and not dismiss it. Up to you.
Answered on Aug 15th, 2012 at 4:58 PM
Leonard A. Kaanta
Talk with the prosecutor, he is the one pressing charges in name of the People of the State of Michigan.
Answered on Aug 15th, 2012 at 4:57 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You can still prosecute, but you will not be awarded addl. restitution if and when you prove your case.
Answered on Aug 15th, 2012 at 4:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The fact that restitution is made does not negate the crime, although it may have something to do with the severity of the punishment. When in doubt, take the money and let the other chips fall where they may.
Answered on Aug 15th, 2012 at 4:56 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes, but you shouldn't.
Answered on Aug 15th, 2012 at 4:56 PM
Dennis P. Mikko
Criminal charges are brought by the prosecuting attorney. Even if you are paid back the money by the accused mother, the criminal charges could still go forward. The crime was committed with she stole the money. Paying it back may mitigate sentence but does not erase the fact a crime was committed.
Answered on Aug 15th, 2012 at 4:56 PM
The decision to prosecute or not to prosecute is not yours, it is the decision of the District Attorney's Office which represents that People of the State of California. You are a victim. As a victim of a crime, your voice and thoughts about the matter are definitely important. But even if a victim decides not to continue to press charges, the DA's office can still go forward with filing charges if the evidence supports a crime was committed.
Answered on Aug 15th, 2012 at 4:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Theft includes a temporary taking.
Answered on Aug 15th, 2012 at 4:55 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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The police may not want to bring charges if you received your money back. There are many many cases out there.
Answered on Aug 15th, 2012 at 4:55 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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Once criminal charges are filed in New Jersey, the prosecutor has to authorize withdrawal of the charges. The prosecutor is more inclined to do that if the victim (you) agree. Otherwise, the case will go forward, even if restitution has been made.
Answered on Aug 15th, 2012 at 4:54 PM