ExpertLaw.com Forums

If You Make Restitution Can You Get the Charges Dropped

Printable View

  • 01-06-2013, 08:16 AM
    coble31
    If You Make Restitution Can You Get the Charges Dropped
    My question involves criminal law for the state of: kANSAS

    3 Weeks ago we went to my wifes christmas party at our local small town Country Club. I do not remember how everything happened, I know alcohol was iinvolved but, somehow i woke up away from the main building 3 hours after the party was over and no one there, no phone and no car. Was very cold that night, rainy, and windy. When I did wake up I went to the main building and knocked, lots of cars still in the parking lot but all must have rode home with someone else. So i pushed the glass of the door in to get warm, and sat beside the furnace vent. Alarm went off, police arrived, and the arrested me for breaking an entering and criminal damage. The next day I went back out and appo,lgized and told them Id fix the damages, hoping they would drop the charges. Since then i have replaced the door and they seem satisfied. Before they dropp the charges though they want to have thier board meeting and vote on it. What Ive heard is that theyu most likely will, but thier meeting is only two days before my court date. Should I be prepared for anythinmg that I havent thought of yet. This is my first time in any situation like this. I dont want to end up with a felony on my record, so any thoughts and/or advice will be greatly appreciated, thank you
  • 01-06-2013, 08:52 AM
    free9man
    Re: Waht to Do After Ive Made Restitution Before Court Date
    If it's a first offense, I would imagine some combination of community service, fines and/or probation are in your future. It wouldn't hurt to get a consult with criminal defense attorney.

    The CC can't drop the charges, that's up to the state. Whether they will procede if the CC doesn't want to is impossible to know.

    Where was your wife during all this? Did she allow her drunk husband to disappear and simply say, "oh well, he'll turn up. Even though it is nasty weather out, I'm sure he'll be fine."
  • 01-06-2013, 10:55 AM
    coble31
    Re: Waht to Do After Ive Made Restitution Before Court Date
    well thats part of the story that has no bearing on the charges or my question, but it is a weird story. We were fine all night drinking with friends, about ten my son called me and i remember the call, after that the rest of the night is a total darkness, i dont remember a thing until i woke up in the cart sheds, padlocked from the outside, the doors to the shed are on rollers at the top and loose at the botttom, thats how i was able to get out of the shed that night. How i was able to get in there is still unknown to me, i just finally chalked it up to intoxication. But the thing is my wifes memory is the same, remembering me talking to my son at 10, and after that she has no recolection of the rest of the night. After calling the friends we were sitting withh we found that when they left at midnight, they found her on the back deck looking for me, again she has no memory of this, and they brought her home. Like i said this is not like us at all, and its just the most confusing embarrasing thing that ive ever had happen, thaks for replying though.
  • 01-06-2013, 10:59 AM
    cbg
    Re: Waht to Do After Ive Made Restitution Before Court Date
    If you are asking whether it is conceivable that if you make restitution the charges will be dropped, yes; that possibility does exist. The state may agree to drop the charges if they can see that restitution has been made.

    If you are asking whether it is guaranteed that if you make restitution the charges will be dropped, no, there is no such guarantee.
  • 01-06-2013, 11:14 AM
    coble31
    Re: Waht to Do After Ive Made Restitution Before Court Date
    my question/s i guess are being my first offence, and if the charges do not get dropped what are the chances ill end up with a felony on my record and can my restitution still be made by the court since the cc has allowed me to fix the damages that were done? Im just worried that ill be out more money and that what Ive already done wont be taken into consideration and that I will be covicte of a felony.,

    - - - Updated - - -

    and what precautions i should be aware of if the charges arent dropped and this goes forward. I hate to go pay a retainer and the charges end up dropped, however i hate to be caught withh my pants down on something holding this much weight on my life
  • 01-06-2013, 11:26 AM
    tc498
    Re: Waht to Do After Ive Made Restitution Before Court Date
    Either way it's worth the risk for a lawyer you should at least have a chance to get charge lower. I would talk to a lawyer and see what they can do.
  • 01-06-2013, 03:58 PM
    coble31
    Re: Waht to Do After Ive Made Restitution Before Court Date
    Any other advice would be helpful, or ideas, thanks everyone
All times are GMT -7. The time now is 08:08 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved