Asked over 1 year ago - Saint Cloud, MN
Flag2 checks were stole from my house, he wrote them to himself for 200 each. then signed it to a friend to cash. I have a taped confession (police tape). I want to prosecute to the full extent of the law. what could i try and get him for? Is each check a theft, fraud and forgery or just 1 case. How bad can i nail him? i don't want to take plea bargins because he is so guilty. Does this have to be tried through the state or can i hire one i know will get the job done?
Basically, all the victim does is report the crime to the police. The police then conduct an investigation and then decide whether to turn it over to the prosecuting authority (e.g. city's or county's attorney's office.) The prosecutor may consider your input and you may be able to provide a victim impact statement, but ultimately the prosecutor is driving the car. Depending on various factors, the prosecutor will determine the best course of action. You may be able to pursue an action in concilation court (aka small claims) to get you money back. In conclusion, you do not prosecute a criminal case nor can you hire an attorney to do this for you.
Robert is correct. In your situation, you are just a witness, a victim of the crime.The prosecutor has discretion to handle the case as they believe to be appropriate. You can certainly talk to them and make your goal clear to them, but ultimately it will not be your decision. That said, your input will likely be strongly considered by the prosecutor's office if your position is reasonable or the facts are eggregiously in your favor. For a better understanding of the process you should talk to a criminal law attorney near you, preferably one who has worked in a prosecutor's office. Call your local attorney's Bar Association and ask for a referral to a Criminal Law attorney near you. If this answer was helpful, please give a “Vote Up” review below. Thanks. Ron Burdge, www.OhioConsumerLaw.com
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