Is it legal to make a personal contract between 2 people to repay for stolen goods in order to avoid prosecution?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to make a personal contract between 2 people to repay for stolen goods in order to avoid prosecution?
Asked on March 31, 2014 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
It is technically not legal to contract with someone to repay what was stolen in order to avoid prosecution; and in any event, if the matter was already brought to the authorities' (e.g. the police or prosecutor) attention, then the authorities may go ahead with a prosecution no matter what the victim of the crime wants--the state (the prosecutor) is in charge of the legal action, not the victim; and the fact that there was repayment doesn't mean that a crime did not happen in the first place.
If the matter has not been brought to the attention of the authorities, then the person whose goods were taken may choose to consider this a mistake or misunderstanding if repaid and not bring it to the police in the first place; but that is not a contract to avoid prosecution, which that person cannot enter into. It is an agreement to repay damage or loss of goods/property which turns what might have been a crime, if there had been criminal intention (i.e. an intention to deprive the victim of his property), into a mistake, accident, or misunderstanding.
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.