If someone breaks into a house but later returns stolen property and the homeowner decides not to press charges, can the police still prosecute the suspect for anything?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone breaks into a house but later returns stolen property and the homeowner decides not to press charges, can the police still prosecute the suspect for anything?
Asked on September 7, 2014 under Criminal Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Yes, the police can still prosecute, though the situation you describe offers grounds for more lenient treatment:
1) Theft is a crime, even if the stolen goods are later returned (the return though will be a mitigating factor).
2) The victims of the crime do not make the decision to prosecute or not; they are witnesses to the crime, not parties to the legal action (but sometimes the authorities will voluntarily choose to respect the victims' desire to not prosecute, and generally if the victims ask for leniency, that will be another mitigating factor).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.