Legal Question in Criminal Law in Virginia

Under Virginia law, "if any person knowing of the commission of an offense takes any money or reward, or an engagement therefor, upon an agreement or understanding, expressed or implied, to compound or conceal such offense, or not to prosecute therefor, or not to give evidence thereof," he is guilty of an offense. Va. Code � 18.2-462
As part of a settlement of civil claims arising from conduct that may also be criminal, therefore, a victim is prohibited from agreeing not to report the matter to the police. Ellis v. Peoples Nat�l Bank of Manassas, 166 Va. 389 (1936).
May the victim instead agree to file a police report, but state in it that he does not want criminal charges to be pressed?

Asked on 10/21/14, 9:08 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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The answer must be no (in my opinion) since the local office of

commonwealth's attorney has the final decision-making authority

to decide whether the matter will be prosecuted or not rather than the victim.

Answered on 10/23/14, 7:55 am

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