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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89723
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My friend has been in jail the past 43 days without bail or

Resolved Question:

My friend has been in jail the past 43 days without bail or bond because 5 years ago a girl, who was then 17 years old, accused him of rape. His attorney informed him that if the young lady withdraws her statement he will walk away free, no charges will be brought and he will not have a record. However, the attorney has suggested that my friend offer a settlement to the young lady in an effort to get her to withdraw her statement. Is this legal? Can my friend get into deeper trouble if he does this?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
It is legal for his attorney to offer the settlement and it is up to the attorney to do it if your friend agrees. There is nothing prohibiting his attorney for contacting the girl offering a settlement and a non-disclosure (confidentiality) agreement regarding the settlement.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89723
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 12 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok. Thank you for the previous answer.

 

Prior to suggesting the settlement his attorney filed some motions to get everything thrown out about a month or so ago. With the understanding that the judicial system is slow, about how long will it take for these motions to get before a judge? In addition, that same attorney has since dropped his case because he can no longer afford to pay him, will this effect the motions in any way?

Expert:  Law Educator, Esq. replied 3 years ago.
Generally motions are set before the court within 30-60 days depending on how busy their calendar is. The motion still go on, but he has no attorney and you need to get him one to continue to assist him to pursue the motions to dismiss.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89723
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 12 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Is there a such thing as a "motion hold"?
Expert:  Law Educator, Esq. replied 3 years ago.
A motion hold just means if the motion pertains to his release then they choose to wait for the motion before releasing him.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89723
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 12 other Criminal Law Specialists are ready to help you

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