My exboyfriend who spit on me is calling and saying he wants to "settle" the criminal assault charge with me out of court by paying me money to "drop the charges."
The lady in the prosecutor's office says he can't do that.
He says in our state, there is a rule that says you can make the victim whole by paying them money.
I don't want his money.
Is it legal for him to call and say he would pay me money to drop the charge??
I am not taking him up on it but saved the messages he said this on.
2007-09-20 07:31:25 · 10 answers · asked by KAR36 6 in Politics & Government ➔ Law Enforcement & Police
He did not just spit while talking. He held me down and spit in my eyes, face, and on my clothes. He had done worse before, so I finally said something.
2007-09-20 07:42:01 · update #1
He's talking out his behind with the "making a victim whole" thing. That only applies to civil cases, like car accident property loss.
Heck, let him give you the money. Demand cash. Pocket it and forget about it, let the prosecutor do her thing. Tell her about it and you can both have a good laugh over the idiot.
Actually, come to think of it, that might be construed as tampering with a witness.
2007-09-20 07:41:15 · answer #1 · answered by Anonymous · 0⤊ 1⤋
This stuff varies from state to state, but I think this would be true generally:
If you were filing a civil suit, money could make you whole--but you didn't do that, so he doesn't have the option.
In my state, you can't drop the charges for domestic violence. I think the law was passed because court for these assults is a real pain in the butt, it messes up the relationship between you and the ex, and doesn't do much to the attacker after the whole process, which leads a lot of people to try to avoid the courts. Which would mean that the cops can't really do anything about the problem, which led to the law getting changed.
In my state, it's up to the officer and eventually the prosecutor whether charges are filed or dropped, and the victim has no say in this. Even if you said to the cop when it happened--'he just lost his temper and scared me, he only hit me once, I don't want to press charges, just make him leave', it would be totally up to the cop to decide if it is appropriate to do as you suggest or lock the guy up.
2007-09-20 14:51:48 · answer #2 · answered by wayfaroutthere 7 · 0⤊ 0⤋
What he is doing is illegal. I would call the police or prosecutor to tell him.
Also, in most states, it is not the victims choice to drop the charges. It is the prosecutor. Sometimes the prosecutor will take the advice of the victim and go ahead and do it. But they do not have to.
2007-09-20 14:43:18 · answer #3 · answered by Kenneth C 6 · 0⤊ 0⤋
It is not illegal to ask a question. I just wonder why you would want to press criminal assault charges for being spit on. It seems like an over reaction but hey I don't know the circumstances.
2007-09-20 14:37:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to have a lawyer. And you need to have your lawyer answer the calls from your ex boyfriend.
It also sounds like you are in a state where they will prosecute YOU if you attempt to drop the charges now, so dont bother to drop them. And dont take any more of his phone calls.
Get a restraining order against him calling you as well.
2007-09-20 14:38:30 · answer #5 · answered by MrKnowItAll 6 · 0⤊ 0⤋
Not only can he NOT DO THIS, but he is now guilty of the second crimes of attempted bribery and tampering with a witness, in this case, the victim. You should report his butt for both criminal acts.
2007-09-20 14:37:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Let the jerk FRY!!! what state do you live in?? most states once it is filed the victim has nothing to do with it - unless it is an impact statement to the judge!! What a jerk you are lucky you got out now!!! HUGE RED FLAG!!
2007-09-20 15:41:18 · answer #7 · answered by Nae 2 · 0⤊ 0⤋
Don't accept any calls from him. He has no business contacting you. Tell your lawyer, because this will get him into more trouble. Give her the tapes. Ignore this guy. He's just trying to manipulate you.
2007-09-20 14:36:30 · answer #8 · answered by Serena 7 · 1⤊ 0⤋
It is tampering with a witness. It is also a criminal offense. His attorney and/or the District Attorney should advise him to have no contact with you.
2007-09-20 14:36:19 · answer #9 · answered by regerugged 7 · 1⤊ 0⤋
Turn this evidence over to your attorney! Watch your back! Your ex sounds a bit unstable! Take care! ;-)=
2007-09-20 14:40:10 · answer #10 · answered by Jcontrols 6 · 0⤊ 0⤋