My husband has pressed charges against his ex wife's husband for harrassment. The state has decided to take him to court over the charges - we just got an email from his ex wife offering us money to drop the charges. Now we're left wondering - is this appropriate? What's the difference between a bribe and settling out of court?
2007-07-05 02:12:17 · 10 answers · asked by razor_sharp_redhead 3 in Politics & Government ➔ Law & Ethics
Ohh- we just called the police station that went ahead with charging him and they said that is 'tampering with the witness' and are requesting a copy of the email. Thanks everyone!!
2007-07-05 02:32:44 · update #1
turn the email over to the district attorney for processing. Then you will have your answer.
By the way, I am an attorney and if a client of mine brought this type of email to me I would immediately call the DA and turn over the evidence.
PEOPLE:
She has already stated the STATE is pressing charges. That makes it a CRIMINAL case. JEEEZE.
2007-07-05 02:27:47 · answer #1 · answered by hexeliebe 6 · 3⤊ 2⤋
The ex spouse is making an attempt to bribe you, that's not settling out of courtroom. make advantageous the DA gets that e mail. Settling out of courtroom is a criminal technique with the aid of which one or the two between the events admits to the what befell and it fairly is saved on record. The case is contained in the DA's palms now, so in spite of whether or not you come to a decision to pursue rates, the DA would. So taking the money might probable not be the superb thought. i might keep the centers of criminal council to administration this dispute. while all is asserted and carried out if each thing is unquestionably documented you could document a civil case and reclaim damages.
2016-09-29 03:02:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A civil court case is a matter of disagreement that requires arbitration by the courts. Basically your saying criminal laws are not the issue but you have been wronged in some way not covered by criminal laws. The goal is for you to either reach an agreement or compromise and if both parties fail to do so the court will arbitrarily reach one for you. Leaving it to the court means time and money is lost by both parties so if the parties can SETTLE the matter on their own its better for everyone involved. Settlement is not a bribe it is an attempt to satisfy you and the other party without spending money and time in court. If the settlement is agreeable to you then everyone wins. The court is freed to pursue other matters that require its attention, you are paid an amount you consider fair, the other party is spared a long trial and probably a larger payout at the end. The important point here is if the settlement is agreeable to you. If its not then stay in litigation. If it is then take it and resolve the matter.
If criminal charges are filed thats a different matter and a payment offer is a bribe.
2007-07-05 02:32:28 · answer #3 · answered by Anonymous · 0⤊ 4⤋
Since the state has taken over the charges, it is a criminal case. It would be wise to hand over a copy of the email to your lawyer and let him take things from there. She is trying to bribe(which i would take as being guilty on their part), I wouldnt have any contact with them. I'd let the lawyer & the courts handle as seen fit. Contact with them may only make things worse in the long run. Good Luck.
2007-07-05 02:55:12 · answer #4 · answered by americangurl_28 5 · 2⤊ 0⤋
Only public officials can be bribed as bribery is a criminal act to accept money in lieu of performing official duties. As the case is now in the hands of a prosecutor, you may not be able to withdraw the charges as it is at the discretion of the prosecutor. You should inform him of what happened and discuss it. I would not accept money over harrassment as you set yourself up for more harrassment down the road and the prosecutor may be less likely to deal with it then. Harrassment can get very ugly.
2007-07-05 02:17:03 · answer #5 · answered by kyghostchaser2006 3 · 2⤊ 1⤋
Bribe implies impropriety, but they are both financial incensitives, aren't they?!
I'd consult your lawyer, if you have one, as to the appropriateness of accepting in principal, and the amount
If what you are looking for is a restraining order, the out-of-court settlement won't help you, so press ahead
2007-07-05 02:17:59 · answer #6 · answered by Hasski 2 · 2⤊ 1⤋
Yes, she is bribing you. A bribe is an illegal payment or favor offered to an official to corrupt his or her judgment. Settling out of court is a legal deal. Hope this helps...Great question..I starred it for you! :)
2007-07-05 02:20:46 · answer #7 · answered by CAT 6 · 2⤊ 0⤋
Definitely inappropriate. Call it what you will, she fears her husband will now have to pay for his previous behavior. Turn the e-mail over to your attormey at once!
I read what the attormey responded with and agree completely. Please do not jeopardize your case by doing something foolish like taking money from this woman.
2007-07-05 04:28:33 · answer #8 · answered by dark_amaranth 4 · 1⤊ 0⤋
If they are criminal charges then paying money is a bribe.
If its a civil matter then its considered a settlement.
2007-07-05 02:16:05 · answer #9 · answered by Jack 6 · 5⤊ 2⤋
The difference is the talent of your attorney....
2007-07-05 02:18:20 · answer #10 · answered by sarah m 3 · 1⤊ 1⤋