Legal Question in Criminal Law in Massachusetts

settle larceny charges out of court?

I have a trial date on july 31 08 on larceny charges in Mass. my court appointed lawyer's investigator asked the victim if he would be willing to settle out of court, and he said sure and i'm willing as well. thus avoiding a criminal record. now my counsel tells me that we have to do restitution through the courts (the same $$) and i could serve time as well.

What's the legal logic here if the victim is willing to withdraw charges and accept settlement?

why shouldn't or can't i take that road.....once again avoiding a criminal record, and time or probation of which i have none now?

my counsels answers have confused me.


Asked on 7/26/08, 12:03 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: settle larceny charges out of court?

I am not sure that this is accurate. I do not know all of the facts, but often the DA and the judge will be more than glad to make this go away if the alleged victim is compensated. While a person cannot withdraw the charges, thee is much play in the process. You may be confusing the advice, or you may be getting bad advice.

If you need assistance contact me.

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Answered on 7/26/08, 5:44 pm
Jessica Foley Law Office of Jessica A. Foley

Re: settle larceny charges out of court?

I'm a little confused by the details you have given me. It is possible that if the alleged victim in your case does not want to go forward and is willing to settle out of court, that a Judge could agree to dismiss the charges once the matter is paid. If you are doing a payment plan it is possible that you are going to be on pre-trial probation until payment is complete (which means after you pay the matter will be dismissed). It is technically up to the District Attorney's office whether or not they want to go forward and they are the only ones who can agree to dismiss the case. They can force the alleged victim to testify, although seeing that you hvae no record it is unlikely. Good luck. Jessica

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Answered on 7/27/08, 1:35 pm


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