If I keyed someone’s truck but have spoken to the owner and they want to settle out of court, since a police report was filed will the state still proceed with charges?

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If I keyed someone’s truck but have spoken to the owner and they want to settle out of court, since a police report was filed will the state still proceed with charges?

Asked on June 22, 2014 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The state would have the right to proceed with charges: even if you make good all the damage, you committed the crime in the first place; and the state, not the victim, controls whether to proceed or not. That said, the state may well listen to the victim, if he/she says you paid for the damage and asks them to not proceed; and even if they do proceed, making good the damage shows contrition and taking responsibility and will be viewed favorably by the authorities and court, and will likely lead to lesser charges and/or punishment.


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