stolen credit/debit card

Question Details:

My friend stole my credit card and made $800.00 worth of charges in Mississippi. I filed a police report and had the card cut off the police department is handling the case. When she found out I was pressing charges her mom offered to pay me back. She was on probation for five years; will she automatically go back to prison for five years? Can I drop the charges against her. I hate to feel like I ruined her life. We were once best friends.

Asked 9/28/2009 under Criminal Defense | 393 View(s) | More Legal Topics

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Criminal Defense Law Answers

The decision whether or not to prosecute a case (i.e. whether or not to drop charges) rests with the prosecutor and not with the alleged victim.  What that means, from a practical standpoint, is that a case may be prosecuted over your objection.  While the states case would be stronger with your testimony, if there is other evidence to support the charge the case may still go forward.

That being said, a skilled criminal defense attorney may be able to use the fact that you do not want to cooperate as leverage to obtain a favorable result for the defendant (i.e. to potentially have the charges dismissed or otherwise resolved favorably).  The fact that restitution has already been offered will be of help.

Bottom line, you can speak to the police and hope for the best.

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