Legal Question in Criminal Law in California
theft
i was arrested 4 theft a fwe weeks back & my trail date is for set for the 21 october 2008 & today the person who layed the charges say that he wants to settle the matter out of court plus claim damages as per adviced by his lawyer.how will the affect my case if we do settle the matter out of court?
2 Answers from Attorneys
Re: theft
Settling the civil aspect of the matter out of court will not necessarily affect the criminal matter. While the victim has a lot to say and can exert some influence on what the prosecution decides to do, he/she does not make the decision whether criminal case is filed and prosecuted. The prosecution does according to their own criteria and whims.
That said, a skillful attorney could help you negotiate a resolution where in exchange for your restitution criminal charges would be dropped or reduced. Do not try to do it yourself by communicating with the DA. You are going to hurt your case, most likely.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: theft
This is referred to as a civil compromise. Be very careful here. As the previous post mentioned, civil compromises do not directly impact a criminal case. It is up to the DA how he/she views the civil compromise. The only way to have this carry any effect in your criminal trial is to have a defense attorney negotiate a deal with the DA directly that charges will not be brought. If you have not already done so, hire a private attorney.
Related Questions & Answers
-
Domestic Violence Case My husband was arrested for domestic violence and is being... Asked 10/04/08, 11:54 pm in United States California Criminal Law
-
Police vs security guard? would someone be breaking the law if they were to run away... Asked 10/04/08, 11:21 pm in United States California Criminal Law
-
DA Lacks Evidence I went to my court date. My name wasnt on the calender so I went... Asked 10/03/08, 5:06 pm in United States California Criminal Law