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My wife and I were victims of a violent attack. The attacker…

My wife and I were...
My wife and I were victims of a violent attack. The attacker is a young, wealthy individual, who, prior to attacking us, had attacked another person, and resisted arrest. The police described him as “high as a kite on drugs”.
After being arrested, his family chose not to bail him out for two months, and not until the first preliminary hearing did they provide the defendant with top representation.
First, the defendant attacked our car, and with his bare hands caused $5,000 damage. Then he turned on us, and even though I’m disabled, I confronted the defendant as he threatened to kill me and my wife with a knife, which he never produced. But he still attacked me physically, causing injury to my hip and neck for which I’m still seeing an orthopedist three months later. My wife is terrified and deeply disturbed but refuses to see a therapist. The police described me as a hero.
Prior to attacking our car and subsequently my wife and me he had aggressively smashed another person’s windshield with a knife, which broke, and though he had something like the wooden handle in his pocket, the police didn’t find the broken blade.
TODAY, his high-powered defense attorney called me personally, and described himself as “I’m the attorney for the man who attacked you”, and asked “Can we talk?” I said I would call him back.
Can you please speculate WHY his attorney called me?
FYI: There are a total of 7 counts against the defendant: 2 cases of criminal threat, felony vandalism, and resisting arrest. He has no public prior criminal record; however, the police said he had a rap sheet in another state.
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Answered in 1 minute by:
9/21/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,480
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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I'm very sorry to hear this happened to you and to your wife.

The only reason that a defense attorney reaches out to the victim in a crime is usually to try to request that a Non Prosecution Affidavit be signed.

As you can imagine from its title, a NPA is a form that, if signed by you or your wife, tells the state prosecution that you do not wish to testify in the case or proceed with the criminal charges.

I can't imagine you or your wife desiring to sign any such affidavit, especially after what you both experienced.

The only other possible reason he could be reaching out to you is to try to question you about what happened at the time of the incident (and potentially try to find some way to attack your testimony), however the defense attorney is not supposed to speak to you without the prosecutor present.

If he reaches out to you again, you would be well within your rights to refuse to speak with him, and to also notify the prosecutor assigned to the case that the defense attorney has been phoning you.

I hope that helps! Again, I'm so sorry you and your wife experienced this.

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 10 months ago
are you there?

Yes, did you receive my prior response, sent 15 minutes ago?

I'll resend it.

Ask Your Own Criminal Law Question

I'm very sorry to hear this happened to you and to your wife.

The only reason that a defense attorney reaches out to the victim in a crime is usually to try to request that a Non Prosecution Affidavit be signed.

As you can imagine from its title, a NPA is a form that, if signed by you or your wife, tells the state prosecution that you do not wish to testify in the case or proceed with the criminal charges.

I can't imagine you or your wife desiring to sign any such affidavit, especially after what you both experienced.

The only other possible reason he could be reaching out to you is to try to question you about what happened at the time of the incident (and potentially try to find some way to attack your testimony), however the defense attorney is not supposed to speak to you without the prosecutor present.

If he reaches out to you again, you would be well within your rights to refuse to speak with him, and to also notify the prosecutor assigned to the case that the defense attorney has been phoning you.

I hope that helps! Again, I'm so sorry you and your wife experienced this.

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 10 months ago
is it ethical and/or legal for him to offer money for restitution and pain and suffering at this point
Customer reply replied 10 months ago
Are u there?

It's not ethical if he's offering it to you in exchange for you to not proceed with prosecuting the criminal case.

It is ethical if he goes through the state's attorney/prosecutor assigned to the case and offers it as part of a plea negotiation between him and the prosecutor. For example, 30 days jail, 3 years probation, x amount of dollars paid to the victims in restitution.

It would then be up to you and the prosecutor to come to an acceptable plea negotiation. Of course the prosecutor makes the final decision, but they will usually seek victims' approval.

I hope that helps! Please let me know if you still have any questions.

Please also take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 10 months ago
could he be feeling us out at this point? And that may be the reason for the call?

Of course I can't answer that question for certain, as it would just be my speculation. However yes, that is a possibility.

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Customer reply replied 10 months ago
Last question and then we'll go and give you five stars; thank you so much. One last question: If he offers just to pay us the restitution we would get in victim's Restitution Court now and we refused, would that delay any plea agreement or at the very least, keep the defendant, who is from out of state, here until the Restitution hearing?

The defendant must remain present/ available until his case is closed, whether through a conviction, dismissal, or plea agreement.

I can't say whether that would delay a plea agreement because there are other factors at play -- the prosecutor's decision, jail time, the defendant's right to accept a plea offer from the prosecutor, etc.

But in any event, the defendant needs to remain available until his case is concluded.

I hope that helps!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

Don't forget to leave that 5 star rating, thanks so much!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,480
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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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.

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