Bribe or 'settling out of court', what's the difference?

Question

My husband has pressed charges against his ex wife's husband (and sadly, his former best friend) for harrassment. He continually sent emails to my husbands place of worked, and even after a call from a police officer he just wouldn't stop. The police asked the DA to take the case and he agreed - we just got an email from my husbands ex wife offering us money to drop the charges. Now we're left wondering - is this appropriate? (BTW, we don't have an attorney for this case)

Rather Notsay: "determine whether or not you are feeling forgiving, merciful and understanding" ??
My husband can forgive, understand and be merciful and still demand that someone uphold a certain amount of respect for him, his company, his family and the law.

Answer 1

Settling out of court is done ins Civil Trials "NOT" in criminal cases. Or in criminal cases where there is a damaged property.

For example, you break someones TV he press charges for destruction of private property. In this case is legal to pay for the TV in other to have the charges drooped and avoid a trial. The police or DA must be informed of every thing and they will agree in this case.

Now in cases where there is no lost property or damage the person can't buy his way out. The victim can drop the charges but not to cash on it without the consent of the DA or judge.

There is a fine line between bribe and 'settling out of court'. Harassment qualify for civil lawsuit so he can really ask for money in a civil court, but since right now he is in the criminal court he must talk to to the DA and the police; if they do things without the knowledge of the DA they both can be charged.

Any deal must be done openly and informed to the court, and the person must sign a document stating that he admit his fault and that he will not repeat those actions.

I think you both need to talk to a lawyer to avoid getting into any problem, some cities have free legal consultation for citizens. You can also talk to the DA (after all he is the attorney of the city) cops are not very good on complex legal things like this so it might be a waste of time to ask them (soemtimes they want to make you think they know too much about the law but at the end they are cops, not lawyers), go to the DA's office.

Answer 2

The ex wife is trying to bribe you, that is not settling out of court. Make sure the DA gets that email.

Settling out of court is a legal process by which one or both of the parties admits to the what occurred and it is kept on record.

The case is in the DA's hands now, so regardless of whether or not you decide to pursue charges, the DA may. So taking the money would probably not be the best idea.

I would retain the services of legal council to manage this dispute. When all is said and done if everything is well documented you can file a civil case and reclaim damages.

Answer 3

The ex better half is attempting to bribe you, that's no longer settling out of court docket. make helpful the DA gets that e mail. Settling out of court docket is a offender technique by which one or the two between the events admits to the what occurred and that's stored on checklist. The case is contained interior the DA's hands now, so inspite of although if or no longer you come again to a decision to pursue costs, the DA might. So taking the money might in all danger no longer be the bright theory. i might shop the centers of offender council to administration this dispute. jointly as all is declared and executed if each and each ingredient is genuinely documented you would be able to desire to rfile a civil case and reclaim damages.

Answer 4

The DA is your representative in this case. Go to the DA with the email from the ex-wife. Because settling out of court should be done in a legal manner.

Conditions of the settlement should include that the former best friend never contact your husband or his family for life.

Answer 5

The response to this depends on the jurisidiction you are writing from, the nature of the emails, and whether or not an injunction exists. Threatening emails could be considered, in most jurisdictions of common law, to be criminal assault. If an injunction is in place, the sender of such emails has violated a civil court order, and will be punished by imprisonment or fine (or both). If, after an injunction is ordered specifying no contact, the use of intermediaries to contact the victim on behalf of the respondent occurs, this is usually considered to be a violation of such injunction as well, although what prosecution such intermediary should face is determined by the applicable statutes relative to such violation in such jurisdiction.
As for not having an attorney, you do have one... the DA. His job is to prosecute criminal behaviour on behalf of the victim and the state. You more than likely have a choice as to whether or not you wish the case to proceed as prosecution would be practically impossible without your testimony (unless you have signed sworn affidavits and be called as witnesses to the same). In such case, the DA would probably drop the case as he is more than likely overloaded with others.
You must assess what threat, if any, is actually posed by the ex best friend and determine whether or not you are feeling forgiving, merciful and understanding. Keep in mind though that the case may proceed regardless of whether or not you wish to participate in it and the decision to drop it now belongs to the DA. This bribe you have described can be used as evidence to prove guilt.
As for a potential civil suit, if the DA gets a conviction, it will probably be easier to win in civil court, or at least force a settlement.

Answer 6

That is not settling out of court that is a bribe. What he did was criminal, if the DA took it. Therefore you can not settle out of court, you need to speak with the DA regarding the offer they gave you. Now if you filed a civil suit and he offered you money to drop the case then you could settle out of court.

Answer 7

"settling out of court" is a legal action. A bribe is not. If this is not coming through the persons attorney it is not technically "settling out of court" in a legal sense. I would forward this info to the DA.

Answer 8

You need to forward the email to the DA who is assigned to your case.

Answer 9

Take the money and stop the emails. Sounds easy to me.