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  1. #1
    Join Date
    May 2017
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    2

    Default Can the Police Make an Arrest if a Theft Was Handled Outside of Court

    My question involves criminal law for the state of: Hawaii

    An employee was caught stealing from employer. (Taking money out the drawer) say X amount. In a meeting They were told the police had been contacted and had two options agree to pay back and never visit the store again or go to jail. They signed an agreement to pay the money back. They kept the last check which was 4 x the amount of X. Two weeks have passed and Theyve been warned by an old coworker that despite them not wanting to press charges the police are urging to make an arrest anyways. The owner was going to try and talk to them tmrw to stop it but they said it is a city matter now and doesn't matter. Is this true? Can They be arrested despite agreement outside of courts and restitution already been paid?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can the Police Make an Arrest if Theft Was Handled Outside of Court

    Quote Quoting Maui_drew
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    Is this true? Can They be arrested despite agreement outside of courts and restitution already been paid?
    Yes.

    People don't press charges nor do they have the option of not pressing charges. Once the crime is reported to the police (which it apparently has) it's up to the authorities to decide whether to prosecute.

    Which could be even more likely since the employee was foolish enough to sign a written confession.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can the Police Make an Arrest if Theft Was Handled Outside of Court

    Yes, amplifying AJ's comments. A criminal case isn't VICTIM vs. PERPETRATOR, it's the STATE v. DEFENDANT. Society is harmed by your crime, and the state prosecutes it.

  4. #4
    Join Date
    May 2017
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    2

    Default Re: Can the Police Make an Arrest if a Theft Was Handled Outside of Court

    What is the likely hood of a prosecution? On what grounds can they make an arrest? Would evidence need to be turned in by the victim? Would the signed document have to be turned over? Should the victim expect a court subpoena? Do they have to appear and testify?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can the Police Make an Arrest if a Theft Was Handled Outside of Court

    All they need is probable cause that the crime was committed to make the arrest and bring charges. The statement of the merchant that they observed your thievery is likely sufficient. That's all the evidence they need to convict you, anyway. If the state decides to pursue charges, they'll subpoena whatever witnesses they need to testify. The store personnel will not really have an option at that point. They must testify.

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