Legal Question in Criminal Law in Kentucky

If money was stolen and the person who stole the money couldn't handle the guilt and went to the person the money was taken from and told them what they had done and wanted to own it and repay the money, and the 2 individuals come to an oral agreement to repay the money and several thousand dollars has already been paid back, can they change their mind and still prosecute in the state of KY even after accepting the payments?

Asked on 9/16/14, 12:09 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

The short answer is yes. Technically, crimes are committed "against the peace and dignity of The Commonwealth of Kentucky," and the victim cannot agree to withhold criminal prosecution without agreement from the County Attorney in the county where the crime was committed. In cases of theft, restitution is an important element in punishment for the crime, but does not render the crime a nullity.

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Answered on 9/16/14, 2:45 pm

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