Legal Question in Criminal Law in Utah

In Utah Law - if a person files a law suit against another person (thieft) but then wants to drop the case, can he or does the state take over the case and go ahead with criminal procedings? Actually it is the case of a angry father wanting to punish his son for getting hook on pain pills and hocking some family business items, where the son was running the business, so who's stuff was it the family business or the father's (retires) personal stuff, could be argued either way??


Asked on 9/17/10, 11:17 am

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Civil and criminal proceedings are separate, so if you've filed a lawsuit, you certainly have the right to dismiss it. However, if the police became involved and the matter is being prosecuted criminally, that's totally up to the prosecuting attorney as to whether they want to file criminal charges. However, if you're the "victim" of the crime, the prosecuting attorney would certainly consider your wishes that any charges be dropped if the matter has been resolved between yourself and your son.

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Answered on 9/22/10, 1:06 pm


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