Cana person who filesbreach of trust charges, drop the charges or settleout of courtif all they want is their money back?

UPDATED: Jan 13, 2011

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Cana person who filesbreach of trust charges, drop the charges or settleout of courtif all they want is their money back?

My husband was charged with breach of trust and the detective on the case said that if he turned himself in after he went to a rehab facility, the detective would let him go. He would get him out on a PR bond and then get him restitution when he went to court. That detective is no longer on the case. We recently ran into the person who filed the charges and I was curious that if he decided he no longer wanted to keep the charges or that he wanted to settle out of court with my husband, could he do that and how would he go about doing that?

Asked on January 13, 2011 under Criminal Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, the detective was just trying to obtain a confession. Additionally, the fact is that it's the prosecutor who files charges, not the victim.  The victim files a criminal complaint on which the prosecutor then decides as to whether or not criminal charges should be brought.  However, if a victim states their reluctance to go forward with a case and full restitution is made to the victim's satisfaction, this can greatly affect a prosecutor's decision. Since making restitution can only help your case (and the court will order you to make it anyway), you should go ahead and pay it.  However, before doing anything, it is strongly advised that you consult with a criminal law attorney on the best way to go about this.  Frankly, a skilled and experienced defense lawyer can best advise you on how to handle your case in general.  Speak with one that is local to the court in question, they will have contacts withing the system that can prove invaluable.  They may be able to get the charges dismissed, negotiate reduced charges, or if it comes down to it, win an acquittal at trial.

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 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.

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