Yes, I agree with ATCO 2.
We are always digging aircraft out of CAS around us. We rarely file though because:
(1) The aircraft are normally spotted by us and external agencies before they become a hazard to others.
(2) More often than not, the pilot is apologetic.
To the person who went in inadvertantly a few months ago:
(1) Turning your transponder off is stupid because we have NO idea of your alt, and we can still see you on primary.
(2) We then traced you to where you were decending, and called that unit.
(3) Consequently, P***ed off controller then files on you!
Moral here is to never be afraid to ask for help. As mentioned earlier, controllers only tend to file if it is obvious safety infringement or you have really annoyed them.
If in doubt, speak up! It may save you getting prosecuted and if you are, may help your case!
Hope that is not too mercanery!