Legal Question in Criminal Law in North Carolina
My house received damage from shotgun pellets. The mother of the boy that caused the damage said that she is willing to pay for some of the damages and of course doesn't want the case to go to court. I don't really want to take it to court either and I have not filed charges but the deputy (who is friends with the boys father)has asked me several times to sign a decline prosecution form. I don't want to do this until I have something in writing from the mother concerning payment arrangements. Am I doing anything wrong by this?
2 Answers from Attorneys
There is nothing illegal in what you have posted. Ensure that you get the money to pay for your damages, before signing anything. You are the victim, the police cannot really force you to do anything.
Mr. Love is correct as always but I am very concerned that a deputy sheriff is asking you to sign a decline to prosecute form. The deputy is crossing the line into a grey area of potential misconduct especially if he is asking you to do this in his official capacity and not just as a friend of the family. I would recommend that you inform this deputy to back off and mind his business or you will consider reporting his conduct to Sheriff William Schatzman. On last thing, I understand you wanting to give neighbors time to resolve things amicably but don't wait too long these things do have time limits.
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