The client retained the victim's cell phone, which the victim had left behind on the bus, and kept it in an effort to locate the victim, including calling the police, but due to his busy life, he forgot that he had kept the phone and left it unattended, resulting in the victim's theft of possessionfrom the victim.
Case issues
The client complained that it was unfair for him to be criminally prosecuted because he had no intention of taking the cell phone, and he was worried about being sued by the victim. In this case, it was important for the client to prove that he had no or weak intention of illegal gain and to settle the case amicably with the victim to avoid future civil litigation.
Troubleshooting issues
After confirming the investigation, our lawyers promptly submitted an opinion letter to the police stating that there was no or very weak intent to illegally benefit, and proactively applied for criminal mediation to the prosecutor's office and completed an amicable settlement with the victim during the criminal mediation process.
In response, the client requested a deferred prosecution dispositionand an amicable settlement with the victim, which included a covenant not to pursue any civil or criminal claims in the future, removing the risk of litigation.
