The short answer is: “Yes, theft charges can be dropped before going to a court hearing.” The important fine print is absolutely do not try to do it yourself.
Theft charges can be dropped before a hearing or at the first hearing.
There is an everlasting myth that most folks believe: the alleged victim of a crime “presses charges” and is in charge of the prosecution of the case. The myth goes that if the alleged victim wants to drop the charges, the police have to drop the charges.
The truth is that in PA, while the police and the DAs give the wishes, wants and desires of the alleged victim various degrees of consideration, it is the DA’s office and/or the police officer who decide how the case goes forward…or if it does.
Most alleged victims of theft just want their stuff back or the money for it. They want to be sure that you never come around again.
What not to do (how to make things worse for you):
Letting the government brand you as a thief is something that will follow you for life. No company will hire a convicted thief. If being arrested and charged for being a thief isn’t enough, if you try to “fix it” you can get yourself into far worse shape.
Here’s how. You contact the alleged victim. You try to “smooth things over” and it doesn’t go well at all. The two of you end up yelling at one another. Suddenly, your misdemeanor theft problem turns into a felony charge:
§ 4952. Intimidation of witnesses or victims.
(a) Offense defined.–A person commits an offense if, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to:
(1) Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime.
(2) Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement officer, prosecuting official or judge.
(3) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement officer, prosecuting official or judge.
(4) Give any false or misleading information or testimony or refrain from giving any testimony, information, document or thing, relating to the commission of a crime, to an attorney representing a criminal defendant.
(5) Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence.
(6) Absent himself from any proceeding or investigation to which he has been legally summoned.
(b) Grading.–
(1) The offense is a felony of the degree indicated in paragraphs (2) through (4) if:
(i) The actor employs force, violence or deception, or threatens to employ force or violence, upon the witness or victim or, with the requisite intent or knowledge upon any other person.
(ii) The actor offers any pecuniary or other benefit to the witness or victim or, with the requisite intent or knowledge, to any other person.
(iii) The actor’s conduct is in furtherance of a conspiracy to intimidate a witness or victim.
(iv) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit to intimidate a witness or victim.
(v) The actor has suffered any prior conviction for any violation of this section or any predecessor law hereto, or has been convicted, under any Federal statute or statute of any other state, of an act which would be a violation of this section if committed in this State.
(2) The offense is a felony of the first degree if a felony of the first degree or murder in the first or second degree was charged in the case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(3) The offense is a felony of the second degree if a felony of the second degree is the most serious offense charged in the case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(4) The offense is a felony of the third degree in any other case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(5) Otherwise the offense is a misdemeanor of the second degree.
What you should do (to save yourself):
Step one: Keep your cool. Keep your mouth shut. Having folks call you a thief will make even the most peaceful person offended, especially if you didn’t do anything. Don’t tell anyone about it. Keep it to yourself. Don’t try to explain it away. You will talk your way into worse trouble 100% of the time. Don’t contact the alleged victim to try to explain. Don’t talk to the police or any government officials. Lawyer up.
Step two: Get your facts straight. Think about all of your history and contact with the alleged victim. Gather up any writing, emails, texts or contracts put them into a file.
Step three: Call The McShane Firm 717-657-3900. We will work together on a proactive plan to get you out of your jam.
Additional recommended reading:
- Pennsylvania Theft Laws
- Felony Conviction Consequences in Pennsylvania
- Jury Acquits Man Of Robbing Drug Informant
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
