If you’ve been charged with a felony for credit card abuse but the victim says that they’re willing to drop the charges, is this possible?

UPDATED: Nov 4, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 4, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If you’ve been charged with a felony for credit card abuse but the victim says that they’re willing to drop the charges, is this possible?

They will drop the charges if the amount on the card is paid in full.

Asked on November 4, 2014 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, whether or not to drop the charges is not up to the victim: in a criminal case, the victim is not the "plaintiff," or person insituting and controlling the action, the way they would be in a civil case, but are rather the "complaining witness"--that is, "just" a witness to the crime. The case is under the control of the prosecutor, and the prosecutor is not required to do what the victim wants; and also, the fact that a crime was committed is not "undone" by repaying the victim--there was still a crime, and the prosecutor can still prosecute.

That said, a prosecutor will often choose to listen to a victim in cases like this, where the only crime was financial and the money has been repaid--the prosecutor may not be obligated to drop the charges, but he or she has the discretion to do so if he or she chooses. And even if the prosecutor does not drop the charges, repaying the money will look good and will usually help you get more lenient treatment.

You are advised to retain a criminal defense attorney and follow his or her advice, since every situation is different and generic advice cannot address all the particularities of your situation. That said, repayment will usually help at least reduce the severity of your punishment, and *may* result in charges being dismissed, or at least reduced.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption