5 students found a debit card and decided to use it what is the punishment and what can they do to not be charged?

It is not up to the victim to decide to bring the case in Court that is left for the DA. However, if you took something that did not belong to you, you may have a moral obligation to give it back. Also, it may look good for you in a Court room. Good luck, Robert Kovacs This answer is provided for educational and informational purposes only and is not legal advice.

The facts you mention implicate credit card fraud and larceny over $250. The police have already become involved, so the ball is no longer in the victim's court as to whether or not to proceed with the prosecution. The government now decides whether or not to prosecute the students. The students must work out any compromise with the prosecutor, not directly with the victim. The students even run the risk of picking up another criminal charge of witness intimidation if they try to persuade the victim to "drop the charges" by agreeing to pay the victim money. Finally, the students' attempt to pay back the money could be used as evidence against them as an admission of guilt in a future criminal proceeding. The good news is that the matter will likely go to a clerk-magistrates hearing first, and maybe the matter can be resolved upon repayment of the money charged on the card. Resolving a matter at a clerk's hearing would result in the matter being dismissed prior to any formal arraignment, thus avoiding a generation of an entry on your board of probation record. If the students are arraigned, they will have an entry placed on their board of probation record, regardless of the outcome of the case. It usually helps to have a lawyer involved early in the case so as to maximize your chances of getting the best result. Feel free to contact me at (617) 538-1127 if you have any questions. Good luck.