Legal Question in Criminal Law in California
If more than 30 people are a victim of credit card fraud and they have brought their case to the police and possibly submitted it to the Attorney General's office in California, is it possible to still settle with them? The individuals who committed the fraud may be able to repay a portion of the money taken. If the 30+ victims agree to the compensation amount, is it possible to withdraw the complaint and also filing with the Attorney General such that the matter will not be pursued further? Or once the case is filed, it will be up to a prosecutor to decide whether to press charges or not?
2 Answers from Attorneys
as far as I know, once law enforcement/ prosecution knows about it, they do what they will with the information. If I am wrong, another attorney will chime in. Good luck!
It depends on how the case is charged. If it is charged as numerous counts of misdemeanors a good lawyer may be able to organize a civil compromise. This will take the agreement of the victims. If its charged as a felony a civil compromise may be out of the question unless the DA and the judge agree which is unlikely. However in many felonies the punishment may be ameliorated if full restitution is made within a limited period of time, but again this takes the permission of the DA and the judge.
The best thing to do is to get a lawyer working on the case before it is charged. He/she may be able to arrange a solution to the problem before it is charged.
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