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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20432
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Defendant is charged with 2 counts of Gross Sexual Imposition

Resolved Question:

Defendant is charged with 2 counts of Gross Sexual Imposition (AA Felony) and 1 count of Corruption of Minors (C Felony). Basically all 3 are statutory rape, same alleged victim.

Question is if it is allowed/ever done to negotiate a settlement (monetary, no contact order etc.) with the alleged victim's family in exchange for prosecutor dismissing charges?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

Unfortunately, no, that would not be possible. If the alleged victim were planning to bring a separate civil suit, the accused person could negotiate a settlement in that case to avoid a judgment. However, once a police report is filed, the whole thing is out of the victim's hands. It's entirely up to the DA to decide whether to proceed with the case. That means that the DA would have to be part of any negotiations and would have to agree to dismiss the charges.

Offering a cash settlement to the alleged victim in exchange for refusing to testify is witness tampering, which is a Class C Felony. N.D. Code, Section 12.1-09-01.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

I understand that the alleged victim cannot dismiss the charges. But would the DA be willing to negotiate something like this?

Expert:  Lucy, Esq. replied 1 year ago.
Every case is different. What the DA will allow in a given case depends on a lot of facts, including whether the person has any prior criminal history and the age difference between the parties. If the accused person is 18 with no criminal history it's far more likely than if you're talking about a 50 year age difference and someone with an extensive criminal record.

But even so, what you're talking about is essentially a diversion program. With diversion, a person will serve a term of probation (usually a year or two), and if he fulfills all terms, the charges can be dismissed at the end. Terms may include paying fines, community service, going to counseling, and could include paying restitution to victims. That's very common for first-time drug offenses and has also been used for minor shoplifting charges. But I've never seen it used for sex crimes.

Any person who has been charged with multiple felonies can have an attorney appointed if he cannot afford one. So the person could bring it up with the lawyer. But it's unfortunately not likely.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20432
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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