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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 16966
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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want to protect my friend from legal action after paying for

Resolved Question:

want to protect my friend from legal action after paying for services.
Friend of mine was involved in an indecent where another party was injured. the third party individual has agreed not to purse legal action for the injury so long as their associated medical bills are paid for. Total cost is estimated under $5k and payment will be made directly to the office of the doctor. I would like to be sure that when this payment is made no further legal action can be taken with regard to the injury. is there a way to protect against this?

thanks.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 9 months ago.
Hello,

Thank you for the information and your question. Are you saying that your friend committed a criminal act? If so, were the police involved? What exactly happened? Are there any lawyers involved in this negotiation?
Customer: replied 9 months ago.

Technically assault i would assume. The third party... a stripper was inadvertently bit in a 'sensitive' area, skin was removed and a small skin graft is required to return things to status quo. She has contacted the police to understand her the gravity of the situation and here right to police action in the matter. As far as i know she has not contacted a lawyer.


 


Thanks.

Expert:  Marsha411JD replied 9 months ago.
Hello again and thank you for the information. If the "victim" of the assault already reported this to the police, then although your friend can enter into a written agreement that could protect him from a civil suit, there is nothing he can do to stop the State from charging him under the State's criminal laws. In other words, once the State/police have a report of a crime, they have complete discretion over whether or not charges are filed and prosecuted. So, any legal release that this stripper might sign will only cover the civil side in terms of damages payable to her.

That said, he should definitely have her sign a release of civil liability once he has paid off her medical bills and they have settled. He really should have an attorney draft the document to make sure that there are no loopholes, but in essence it would say that in exchange for the payment/s made on XX date/s, she (her name) releases him (his name) from any further financial liability in regards XXXXX XXXXX incident that occurred on XX date. They should both sign the release in front of a notary so that there is no allegation that the signatures were forged.

But again, that will only cover that financial side. The criminal side cannot be controlled. She cannot be held to an agreement not to file a criminal complaint, as that would not be enforceable.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 9 months ago.

Understood and very helpful.


 


If for some reason she did not file a police report is there a duration/ expiration of time she must have this filed within?


 


Would you be able to draft the above civil liability document?

Expert:  Marsha411JD replied 9 months ago.
The statute of limitations (which is the time the State has to file charges after an alleged crime) depends on what they would charge him with. That depends on all of the facts of the case. If this was just charged as a simple assault, then she would have 18 months to file a complaint and have the State file charges. However, if this was charged as a sexual assault, depending again on all of the facts, then if charged as a misdemeanor, she would have 5 years. As a felony, it would be 10 years.

Unfortunately, I cannot draft the agreement because the Site, and my Bar ethics rules, do not allow me to since I cannot form an attorney-client relationship with my customers. I am sorry about that, but your friend can find a local attorney who can tailor the agreement to the exact facts and make sure it is executed properly.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 16966
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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