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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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My friend is in jail right now on a f5 charge of theft from

Customer Question

Hello my friend is in jail right now on a f5 charge of theft from a store his cousin owns and he works at too. His cousin is the one wjo pressed te charges but now wants to drop the case.my friend had a preliminary hearinf already and has court again friday. Would he be let go if his cousin comes in and drops the charges? Wouls he have to go to court again
Submitted: 9 months ago.
Category: Legal
Expert:  Chris T., JD replied 9 months ago.

Heloo. I'll be happy to assist you.

There are really two separate questions here. The first question is whether, legally, the state can go forward if he wants drop charges. The second question is whether they actually will.

From a purely legal perspective, the state can proceed even though the cousin doesn't want them to. The crime of theft only requires that something be taken against the will of the actual owner. In theory, they don't need the owner on board to do that. They only need him to testify to what he originally said. With that said, most DA's offices will not continue to pursue charges if the victim doesn't want to anymore. It's just not worth their time and resources if the victim doesn't want them to proceed.

If the state drops charges as a result of the victim no longer wanting to press charges, he will not have to go to court any more.

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