Legal Question in Criminal Law in Louisiana

forgery

if a check is written and forged, but the money is paid back, and the party of the check does not wish to press charges. can the police dept. press charges any way if they are aware of the situtation.


Asked on 5/27/01, 6:38 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: forgery

It is not the police department that decides if a charge goes forward, but rather the District Attorney. And, yes, even if the victim does not want to pursue it, the DA can carry the charges forward and prosecute. The victim obviously filed charges initially, and then when paid back, wanted to drop them. Many times thieves get out of charges by making restitution, but the DA gets tired of the police agencies and the prosecution spending valuable time and resources investigating, arresting, processing and housing a criminal only to have the victim "drop" charges. I suspect in your case, the "criminal" has a track record.

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Answered on 6/26/01, 10:09 pm


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