Can charges still be pressed 7 months after restitution?
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Can charges still be pressed 7 months after restitution?
I keyed a car 7 months ago. The lady filed a police report, I spoke to her, admitted to her and the cops I did it and promised to pay for the damages within a week, approximately $1000. I paid her back within the timeframe. I kept the cop updated and had the body shop email the cop the receipt. I haven’t heard from the cop or the lady since. Can she still press charges or is this now over? She did get a police report.
Asked on May 14, 2019 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
In theory, charges can still be pressed: criminal charges are not primarily aboutr securing restitution or compensation for the victim, but about punishing violations of criminal law and determing further violations. Paying restitution does not make it that the crime did not occur; therefore, charges may be brought to punish this crime.
That said, it is highly unlikely that the authorities will bring charges in this case, since by paying restitution, it can be concluded that you "paid your dues" and learned you lesson. But while it's unlikely that charges would be brought; they could be; there is no legal bar to bringing them.
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