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If someone files charges for grand theft but that person recieved there money back what can we to do to get the charges dropped

Escondido, CA |
Filed under: Criminal defense

this is the problem the person is just doing this out of anger and we are out of options what can we do to stop this

Attorney Answers 3

Posted

It seems like it is time for you to hire an experienced criminal defense lawyer familiar with the court in which your case is filed. Just because the accuser got the money back doesn't erase the act.

If the other party is not cooperating with you, there is not too much you can do. If they are angry with you, it seems to make sense to get someone else to try to speak on your behalf. Hence, hire a criminal defense lawyer.

That being said, the best chance you have of resolving this matter successfully would be to hire a lawyer to negotiate with the prosecutor to see what, if anything, can be done at this point.

I hope this answer was helpful.

Good luck,

Gabriel Dorman

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Posted

If the District Attorney has already filed charges for Grand Theft, the fact the complaining party has received the money in full should play a large part in a more favorable sentence if convicted, and possibly a reduced charge plea bargain. Assuming the aggrieved party would ever be ok with a Civil Compromise, there's a chance the case could go away completely.

Good luck!

-David P. Shapiro, Esq.

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Posted

Only the prosecutor's office can file charges, not the person from whom the money was taken. Theft depends on the intent of the taker at the time of the taking. If the intent was to return the money, that's one thing, if it was to take and keep the money, it is another thing. The surrounding circumstantial evidence usually points in one direction or another.

Get a good lawyer, whether that is a public defender, or a privately retained lawyer. Many private lawyers will be happy to consult with you by phone, at no charge. I suggest you make some calls.

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