Shoplifting, Larceny, Robbery, Theft settle larceny charges out of court?

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ro1956

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Mass. I have a trial date on july 31 08 on larceny charges. my court appointed lawyer's investigator asked the victim if he would be willing to settle out of court, and he said sure and i'm willing as well. thus avoiding a criminal record. now my counsel tells me that we have to do restitution through the courts (the same $$) and i could serve time as well.
What's the legal logic here if the victim is willing to withdraw charges and accept settlement?
why shouldn't or can't i take that road.....once again avoiding a criminal record, and time or probation of which i have none now?
my counsels answers have confused me.
 
Because this is a criminal case the plaintiff is the Commonwealth of Massachusetts, not the victim.
 
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