Thanks Steven. please tell me what you think about the following. The family of the friend who stole the car is asking me to drop the criminal charges. They want to pay me for any expenses incurred in getting the car back to TX and any depreciation, they are offering to make a payment for last month (when vehicle was not in my posession). 1. Cany I entertain such an offer while the police investigation is still in progress 2. Can I enter into any contractual agreement with them in this regard - something that would protect me and them - in the sense that i would no longer have a cuse of action and they would indeed recompensate me for the damages. your thoughts would be greatly appreciated ...
State/Country relating to question: Texas
Steven T Greene Esq. Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. Hi glad to help. You would not be able to enter into a deal where you could guarantee the charges would be dropped as that is not up to you, it is the states decision, and you are not the victim in the criminal case the State is. Now if the deal is that you will ask them to drop charges, or you personally will not push the issue, or that you would sign a form to have it dropped, that type of an agreement you could make. I am glad to see they will pay you for your trouble. I think what you are asking is if an agreement like this is legal. I do not see why it would not be. It is not an agreement to do anything that is against the law. And as long as both parties feel it is fare to make this deal. The problem is there still is a criminal cause of action that has already been put into motion and it is not true that if you signed this you would no longer have a cause of action. As criminally it is not your action, the victim is the State. Thus the only agreement with them you can make is that you will not pursue it, and that you will ask for it to be dropped, other than this you cannot agree that the prosecution will be stopped as you are not in control of that. Sincerely, XXXXX XXXXX and yes you can entertain it when the investigation is going on, but I would disclose to the state and police that you no longer wish to proceed as you have been compensated.
Thank Steve. It sound that as long as I agree to ask DA to drop the charges and personally not pursue them I will not be breaking the law if I accept a compensation for that. Speciafically, please tell me if them making my current car payment is a good idea versus them sending the car payment money to me ...
Yes correct ,as long as you do not promise them that the charge will be dropped, and the agreement is for you to do that which legally you can ,which is asking the state to drop and being cooperative with this. Legally I think it is better for the money to go to you so it does not appear they have been making payments on this vehicle.Sincerely, Steve
Thirty years Criminal Defense
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).