If I have a warrant for receiving money under false pretenses, can it be dismissed if I pay the money back? 62 Answers as of August 23, 2012

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
If a warrant has been issued and you have not been arraigned or if you haven't had a pretrial you should wait and see what you can work out with the prosecuting attorney. If you do not have any prior convictions you might be eligible for diversion or a first offenders program where you plead guilty and the court defers the sentence until you complete a term of probation and if you complete the probation satisfactorily the case gets dismissed and there is no conviction on your record. Your eligibility for these programs may depend on the dollar amount involved and your age and prior criminal history. There is also the possibility that if you were convicted and you had no other convictions on your record that you might be eligible to have the conviction expunged after five years go by.
Answer Applies to: Michigan
Replied: 8/23/2012
Law office of Robert D. Scott | Robert Scott
Probably not. The warrant will not go away until and unless you surrender on it.
Answer Applies to: Maryland
Replied: 8/20/2012
Toivonen Law Office | John Toivonen
The sooner you have an attorney on your case the better it is for you. Sometimes an attorney can work out a civil agreement so that you will not be prosecuted.
Answer Applies to: Michigan
Replied: 8/15/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Not usually but you will have a better negotiated stance if restitution is paid or can be paid upon some type of favorable resolution.
Answer Applies to: Minnesota
Replied: 8/15/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If you can talk the person into what is called a civil compromise but you need a lawyer to do this.
Answer Applies to: California
Replied: 8/15/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Not necessarily unless it is agreed to by the prosecutor.
    Answer Applies to: California
    Replied: 8/15/2012
    Alvin Lundgren | Alvin Lundgren
    That will be a requirement of your probation. You still committed a crime.
    Answer Applies to: Utah
    Replied: 8/15/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry It is not likely that the charge would be dismissed. However, it would be extremely helpful when you go to court. My best advice is to retain an attorney, explain the facts in detail, and follow that advice prior to doing anything.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    No, the fact you repay it after being arrested is immaterial, the prosecution can proceed.? Repayment can act as a mitigating factor in sentencing, however, and many courts would probably dismiss the charges, anyhow, but certainly can proceed with the prosecution of the defendant.
    Answer Applies to: Illinois
    Replied: 8/15/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No. However, you will ultimately have to pay it back. Talk to counsel before doing anything. To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney, and try to negotiate a recall of the warrant. You?ll try to negotiate bail reduction or OR release. You'll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, your attorney can appear in court without the defendant being present. contain settlement discussions privileged under California Evidence Code 1152. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
    Answer Applies to: California
    Replied: 8/15/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You are seeking an accord and satisfaction.
    Answer Applies to: Virginia
    Replied: 8/15/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The warrant can only be removed when a judge orders it removed. It is not as simple as making payment.

    That will certainly be helpful, but you have a warrant for failure to appear in court, which means you have a criminal charge.

    You must get rid of the warrant by appearing in the court that issued the warrant, then resolving the criminal case, which may be done through paying the money, but it may take more than that.

    I handle old Mass warrants all the time for people who have either moved out of state or are still in state but never resolved the warrant. If you would like to read more about the process, look at my web site under Mass Warrants.

    If you are stopped by police while the warrant is active, you will be brought to jail and may be held overnight, or even over the weekend before being transported to the court issuing the warrant.

    You are far better off dealing with this on your terms than waiting for the police to pick you up and forcing you to deal with it on their terms.
    Answer Applies to: Massachusetts
    Replied: 8/15/2012
    William L. Welch, III Attorney | William L. Welch, III
    Probably not. The state is the opposing party, and it has the sole discretion whether to prosecute. It is not up to the victim. If you repaid money, that would be additional evidence that you had committed the crime.
    Answer Applies to: Maryland
    Replied: 8/15/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Probably not, but that is between you and the prosecutor.
    Answer Applies to: Wyoming
    Replied: 8/15/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Sometimes but it takes the prosecutor to agree to this not just the defrauded party.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Baner and Baner
    Baner and Baner | Jonathan Baner
    Can it? Yes. Will it? Unlikely. It is a delicate decision because you also don't want to be looked upon as admitting guilt. Negotiations with the prosecutor is really the only shot at dismissal or a "less bad" result.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Law Offices of Phil Shekerlian
    Law Offices of Phil Shekerlian | Phil Shekerlian
    No. You will have to show up in court. I would advise getting an attorney, not only to fight the charges, but to keep you out of jail. If you never appeared at your arraignment, they will likely lock you up when you finally appear. If you do not appear, it is just a matter of time before the cops come to get you.
    Answer Applies to: California
    Replied: 8/15/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Probably not, as charges appear to have already been filed against you. If you are picked up on the warrant, you will be immediately taken into custody and will have to either post bail, if this is a bailable offense, or wait until you are taken before a judge to have bail set. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Only a judge can recall the warrant. You will have to appear in court for this to happen. You need a lawyer to avoid being taken into custody in court. Don't wait - it's always better to face this head on, rather than after you get arrested on the warrant.
    Answer Applies to: California
    Replied: 8/15/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    No. This is a serious charge.
    Answer Applies to: Illinois
    Replied: 8/15/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you are guilty of a crime of theft it is not a defense to pay the money back. If you stole money by fraud or other means then you are guilty of Petty Larceny or Grand Larceny if it is over $1,000. You could have committed any number of larceny crimes, and you should retain a good criminal lawyer to handle the case.

    If you do not have a criminal record the prosecutor will probably offer a violation or ACD dismissal. You will have to pay restitution and could be placed on probation. It is never a good decision to steal from a person or a store.

    You could get a criminal record that will make it very hard to get a decent job for the rest of your life for a few dollars. You should get a good education, work hard, obey the law, and find a good job or career that you enjoy.
    Answer Applies to: New York
    Replied: 8/15/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    It's not totally out of the realm of possibility. I do need more facts to respond sensibly. But in general I'd say no, a dismissal is not likely. But restitution would certainly help come time for sentencing.
    Answer Applies to: Utah
    Replied: 8/15/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Depending on the amount, circumstances and jurisdiction a lawyer may be able to arrange a satisfaction and get the case dismissed but only if you do it before you are arrested on the charge.
    Answer Applies to: Missouri
    Replied: 8/15/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    The prosecuting attorney is the person with the authority to decide to dismiss the charges, unless of course you have some legal defense that can be argued to the court and the court agrees to dismiss them. Paying back money that was wrongfully taken is not such a defense and does not automatically absolve you of the charge. However, the prosecutor might agree to dismissal (especially if the complainant wishes for same). But again, it is up to him/her to decide. I would not pay the money back until you know for sure, as restitution will be ordered in the event you are convicted of the offense.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Whether the criminal charges are dismissed is within the discretion of the prosecuting attorney. Paying the money back would not automatically get the charges dismissed.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    That is up to the prosecutor on the case.
    Answer Applies to: Colorado
    Replied: 8/15/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Warrants are only vacated when you show up in court to deal with your problem. Paying money back may help your lawyer resolve the criminal charges against you but it doesn't have anything to do with the warrant or possible bail jumping charges if you were already arraigned on this charge.
    Answer Applies to: New York
    Replied: 8/15/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    The warrant has to be quashed by you or an attorney in Court. Paying back the money would be involved in getting the case dismissed.
    Answer Applies to: Nevada
    Replied: 8/15/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    A warrant can only be dismissed by the court on the defendant's appearance - a failure to appear will not dismiss the warrant. The case will not be dropped upon the payment of money before the warrant is withdrawn.
    Answer Applies to: Rhode Island
    Replied: 8/15/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Probably not. By comparison: if you go into a store and shoplift, and as you are leaving the store, you get stopped by security and they get the stolen property back (which is what happens in most cases), you can still be charged with the crime of theft.

    The same would apply in your case; your actions, if proven, constitutes the crime. You say you have a warrant.

    That is different than actually being charged. A warrant is generally issues if the defendant fails to appear pursuant to a court notice or order. To get the warrant removed/recalled, you need to go before the judge.

    Even if the warrant is recalled, it does not result in a dismissal of the charges. You fail to mention the amount of money at issue. If it is substantial enough, you could be looking at felony charges.

    You also don't mention whether you have any criminal history. This could also be a factor. My advice to you is to retain the services of an attorney.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No. That's called restitution, and it occurs after sentencing. If you want it dismiss you need to hire a good lawyer.
    Answer Applies to: California
    Replied: 8/15/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Maybe, it depends on prosecutor.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Absolutely not. The crime has been committed and the prosecutor represents the people and not just the victim. They will order restitution as well as the crime consequences.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Steven Alpers | Steven Alpers
    That depends on the DA.? It is within the DA's discretion.? I would not do so without the assistance of an attorney and after going to court so that the repayment is not seen as additional evidence which would be presented to a jury.
    Answer Applies to: California
    Replied: 8/15/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    No. The alleged crime has already been committed. It might help that you pay back the money. Speak to your attorney before paying back the money.
    Answer Applies to: Nevada
    Replied: 8/15/2012
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    It depends on whether the prosecutor is willing to drop the charges. A recommendation from the victim to dismiss might help your case.
    Answer Applies to: New Jersey
    Replied: 8/15/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It CAN. The Court and the victim have to agree to the dismissal.
    Answer Applies to: New Jersey
    Replied: 8/15/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    No. Once a warrant is signed the case can be dismissed only by a Court.
    Answer Applies to: Alabama
    Replied: 8/15/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    The fact they you are offering to pay the money back is an admission of guilt so the charge would not be dismissed. You should retain an attorney right away to get between you and the prosecutor, an attorney might be able to negotiate the charges in your favor.
    Answer Applies to: Arkansas
    Replied: 8/15/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    It all depends on the prosecutor. Contact the prosecutor and see if he'll deal or not.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Frank M Mungo, Attorney at Law
    Frank M Mungo, Attorney at Law | Frank Mungo
    The case may be dismissed, but that has to be negotiated with the prosecutor. The prosecutor has the right to prosecute you even if you pay the money back. Often the warrant can be quashed (withdrawn) by agreeing to a summons to a new court date. This is up to the judge.
    Answer Applies to: Kentucky
    Replied: 8/15/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Possible, better to get a lawyer and have them set up a deal. Also, with a warrant they can arrest you and you go to jail until you make bond.
    Answer Applies to: Nebraska
    Replied: 8/15/2012
    Law Office of Ginger D. Adair
    Law Office of Ginger D. Adair | Ginger D. Adair
    If there has been a warrant issued for your arrest then a criminal case has been filed. Paying off the restitution will likely be required as a part of your plea along with whatever other sanctions that can be negotiated.

    In most counties, you will need to hire an attorney to represent you and handle the discussions with the state to get a plea bargain or take the matter to trial. You will likely have a probation and other requirements plus fines and fees to complete in order to resolve the case. If you have an active warrant, you should hire a bondsman and complete a walk through so you can be arraigned and the warrant recalled.
    Answer Applies to: Oklahoma
    Replied: 8/15/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    That's entirely up to the prosecutor. I'd consult an attorney and have him see what the prosecutor might be willing to do in your case. The repayment of the money doesn't relieve you of the criminal culpability for the original taking of the money. You'll likely have to pay it back as restitution if convicted anyway. I consult free of charge and have experience in this field of practice. 26 years.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    That might help your case, but it won't necessarily mean the charge will be dismissed. That will depend on the prosecutor assigned to the case.
    Answer Applies to: Utah
    Replied: 8/15/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    You may be able to negotiate that deal, but a qualified attorney would help.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The decision whether or not to dismiss a case which has been charged (a warrant indicates a charged case) is completely at the discretion of the prosecutor. The fact that you repay the money may have an effect on the case but may not result in a dismissal in every case. Your attorney can be helpful in negotiating the dismissal of the case or maybe a reduction of the charges.
    Answer Applies to: Kansas
    Replied: 8/15/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    Typically no. Even if you pay the money back you cannot undo the crime that was done. If a prosecutor has already filed the case, they will pursue it.
    Answer Applies to: Alabama
    Replied: 8/15/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    No, you need to hire a good defense attorney, to help you with this matter. It is not just going to go away, though paying the victim will help. What's the matter gets reported to police, it is up to the police and the prosecuting attorney to decide what happens to the case.
    Answer Applies to: Utah
    Replied: 8/15/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    You don't provide enough information in your question to provide a definite answer but in my experience these types of cases are rarely dismissed because the person paid the money back after the charges were filed.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. The offense is committed when the money is taken. You should immediately hire legal counsel to seek a haring and stay the warrant.
    Answer Applies to: Minnesota
    Replied: 8/15/2012
    Salladay Law Office | Lance Salladay
    It "can" be dismissed, but it may not be- the offense occurred when the money was received under the false pretense- paying it back does not eliminate the fact that the offense occurred. It would be up to the prosecutor.
    Answer Applies to: Idaho
    Replied: 8/15/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The first step is to try to have it restored to the court call. If you succeed in that, then later you can deal with the charge itself. In what city did this happen?
    Answer Applies to: Illinois
    Replied: 8/15/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    No, unless you are able to work out a civil compromise. This really depends on the victim and the DA agreeing to do it.
    Answer Applies to: California
    Replied: 8/15/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    No. Once a case is filed, you have to resolve the case by talking with the prosecutor and having it dismissed or working out a plea or going to trial, etc.
    Answer Applies to: Utah
    Replied: 8/15/2012
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