But did you know that taking school property without permission or stealing the personal property of a teacher or faculty member can also lead to penalties? The consequences. The only person who can authorize criminal charges is the prosecuting attorney. While the victim can have influence on the prosecutor’s decision, ultimately it is up to the prosecutor on whether or not a charge will be filed. But many people have the false impressing that anyone can press charges. Whatever the case, I urge you not to minimize this situation. If charges are authorized by the prosecutor, a warrant for the person's arrest is issued by the court. Case Details: The person stole $60worth of merchandise. Your associate may be guilty of “embezzlement”, which is the theft of money or a business asset by a person in a position of trust within your company. Going against company policy comes with consequences. Petty theft is stealing items with a value of $950 or less and is usually charged as a misdemeanor. You may also be able to get a “plea bargain,” where you plead guilty in exchange for lesser charges and penalties. However, petty theft can be charged as a felony if you have a prior conviction of stealing, embezzling or defrauding an elderly person, or your prior was a serious offense such as homicide, a forcible sex offense, or sex offense against a minor. Starting the process to press charges There are time limits to when a case can be brought, and if you sleep on your claims they will be lost. What happens when someone presses charges against you? my female friend was attacked by four other women, one was under age and she used a bottle in the fight. You can contact the police and they can press charges if they think there is enough evidence of theft. Our skilled attorneys have over 30 years of experience successfully defending our clients against vehicle registration fraud charges. The decision to take the case further from the initial point is not in the hands of the victim. If the prosecution can prove these charges against you, you can be found guilty of harassment: Violent contact such as hitting or kicking — or the threat of violent contact. You don't automatically get jailed just because someone files a complaint, they must have evidence. That depends on what the charges are, and where you live. Many times, the police may also be involved and criminal charges … Although a store has a lot of time to press charges for shoplifting against someone caught stealing, Walmart does it right away. From there, the prosecutor will take it up and can decide to charge the suspect with the crime. These charges should be dismissed if: the accused or his defense attorney, can show the court that he has been wrongly accused. My glasses where broken by one of the four girl while i was trying to get them off of her. In reality, whether the victim presses charges or not, the police can investigate the matter and even take the suspect into their custody. The starting point for employee theft is gross misconduct, meaning that you can be immediately dismissed without any prior warning. There is more you need to know about this topic, so keep reading! Then the prosecutor decides whether to go forward. It's important to note that a defendant will be held either liable or not liable for theft and have to pay the plaintiff. If you have a prior history of the same or similar criminal theft offenses, a prosecutor is going to take that into consideration when they make recommendations to the court on what happens to you. What Can I Do if My Employer Wrongfully Accuses Me of Theft?. Find out what charges you could face below. Further, the lawyer can write representations for you to the Prosecution in order to reduce your charges or have the charges dropped. Write down the details of the assault. Most importantly, it depends on how much evidence there is against you. What happens after that is up to the person whose credit card was stolen, and if it goes that far, the judge. Study shows employers unlikely to press charges for employee theft Posted on 12 Jan 2015 by Tim Brown A recent study of 314 small businesses on employee theft indicated that most employees caught stealing are fired with no attempt made by the employer to press criminal charges and obtain restitution for their business loses. In terms of the potential punishment the perpetrator would be facing, it will depend on the amount of money/property which was taken. Police have been trained to get you to say incriminating or inconsistent statements, which can be held against you in a court of law. Accordingly, you should report mail theft to the Postal Service if you think someone has stolen yours. Stealing someone’s mail is a crime. A criminal case is not like a civil case, in which you can file a lawsuit against the person who wronged you. The minimum type of theft charge is called, “Petty Larceny,” which means stealing something up to the value of $1,000. Civil theft is a lawsuit filed by a plaintiff in a civil court in order to recover money or damages for the stolen property. Mail theft is often the first step toward becoming the victim of identity theft, so you should be particularly vigilant about safeguarding your mail. In the US, people do not press charges against you. A wrongful conviction occurs when a factually innocent person gets convicted by the court system. If caught shoplifting, can the store press additional charges for shoplifting if they have footage of prior thefts by the person including the most recent theft? We are pressing charges. Individuals do not press charges, nor do police. If you have been charged with stealing or forging vehicle registration tags in California, call Wallin & Klarich today. However, getting criminal charges filed is not quite as simple as filing a civil lawsuit. What is the charge for theft of human remains? They press charges when the arrest is made. If you are accused of theft, the business can still take civil action for compensation against you, even if they have recovered the goods they claim you … My friend needed to be hospitalized. In civil cases, you are able to file charges against a person who did wrong to you. You are presumed innocent. Criminal Cases and Pressing Charges When a victim seeks the criminal courts to pursue justice against the perpetrator of domestic violence, he or she does not actually press charges. The term theft is used widely to refer to crimes involving the taking of a person's property without their permission. Crime against you and give you a strong defense tags in California, call Wallin & Klarich.! 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