Criminal Law Questions? Ask a Criminal Lawyer.
I think your attorney has acted improperly in brokering a deal to drop criminal charges as part of a settlement for a civil matter. The prosecutor can decide whether to continue the prosecution irrespective of any deal you make, or whether you drop the charges. You can be subpoenaed to testify, and you must do so truthfully.
Most states have a rule similar to:
(a) A lawyer shall not threaten to present criminal, administrative or disciplinary charges to obtain an advantage in a civil action nor shall a lawyer present or participate in presenting criminal, administrative or disciplinary charges solely to obtain an advantage in a civil matter.
Effectively by offering to drop charges to get a civil settlement the attorney may have committed an ethical violation.
If she committed a crime and is being prosecuted for it she cannot sue you. The law provides that illegal contract provisions may not be enforced.
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