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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Allegedly "keyed" exboyfriends car. The police report specifically

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Allegedly "keyed" exboyfriend's car. The police report specifically quotes me saying "I keyed his car...and told everyone he is an asshole". Ex boyfriend decided to press charges. He got a quote for $1500 to fix his car and wants me to pay the $1500 claiming that if I do so, the State Attorney (who he has been in contact with) will drop all charges as if nothing ever happened and that the state won't pursue it further. (can I trust that?) The ex boyfriend claims that I will meet with him and the state attorney on the date of my arraignment and take care of the payment that will clear all charges. Does this sound right? I just want this to go away without having to pay this guy an arm and a leg. I do not want the money to serve as an admission of guilt OR give the state cause to pick up the case and charge me with a felony (despite the ex boyfriend backing off and his requested "restitution" paid). Is there a better way to do this? I really do not have the money for a lawyer and have not been assigned a public defender. Does this situation make sense? Is this a common procedure? Should I be concerned about handing over money on the arraignment date with out some sort of legal representation? Could I possibly request that the ex boyfriend go ahead and ask the State Attorney to drop the charges now and we settle this situation between ourselves I have a feeling that he might go for this if it is possible because we are on civil terms. I could even write up a document/contract that we both sign and notarize. Help! I don't know what to do.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

I would approach this with caution. I am a criminal defense attorney in Florida and I previously worked as a prosecuting attorney. While prosecutors will definitely take the victim's perspective into consideration, they are not obligated to dismiss charges because the victim has requested it or has received restitution.

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You do have a fairly easy way to check into it though. As you suggested, you can go to the court date and talk to the prosecutor. Without admitting or denying anything, simply ask the prosecutor if paying the full restitution amount would lead to a dismissal, then you will have the answer to your problem.

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Please let me know if you need clarification on anything.

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 5 years ago.
The prosecutor is the person that the ex boyfriend has been talking to, correct? (I hate to sound ignorant, but I have never been in any sort of trouble with the law before, and I have a B.A. in art...very far from anything to do with the law) If I go to the court date and the prosecutor says that paying the requested restitution amount will result in a dismissal of charges, do I trust that to be true? Will they provide me with a document of some sort explaining this? I'd hate to pay restitution only to find out that the State is indeed still pursuing the felony charge.
Expert:  Joseph replied 5 years ago.

Well, I really can't know who the former boyfriend has been speaking with. If his statements are legitimate, then it would make sense that he was speaking with the prosecutor or someone else from the prosecutor's office. And yes, if the prosecutor tells you that he will dismiss the charges, you can believe him. To tell lie to you about the resolution would be unethical.

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Please let me know if you need clarification on anything.

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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