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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28364
Experience:  10+ years defending Misdemeanor and Felony cases.
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An acquaitance of mine who was in my apartment while i was

Customer Question

an acquaitance of mine who was in my apartment while i was out stole a considerable amount of money from my roommate. I would like to make restitution of the money provided they do not press charges. The police have already been apprised of the situation.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 years ago.
Good morning. Do you know what they intend to do at this time? Does your roommate plan to cooperate and prosecute this person?
Customer: replied 2 years ago.
He has agreed not to prosecute.
Expert:  CrimDefense replied 2 years ago.
Thank you for the additional information. It is important to keep in mind that this was a crime against the State of New York, with the prosecution representing the interest of your roommate. I say this because it is the State who has the discretion to proceed with the charge. Now, your roommate can certainly speak with them and advise that this was resolved and the money was returned and they do not wish to proceed BUT the State has the final say. Ideally, the money would be repaid by your or your friend and in return, your roommate would advise the State of the same, ask that they not prosecute and even go so far as not cooperate, if the case goes to trial, assuming charges are filed. With that being said, you could come to an agreement with your roommate but just need to keep in the back of your mind that there still may be pressure from the State to proceed and then it would be up to the roommate at that point, to honor the agreement and not cooperate with them, at the end of the day.
Expert:  CrimDefense replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!