Somebody who assaulted me had his first court appearance today. I don't know what might have happened.

But before his first court appearance he wanted to settle things down with me as he contacted my friend and wanted me to call him to ask me what I want to end this.

I just want compensation from him including my medical expenses but I don't want to hire a lawyer.

Can I just talk to that person and tell him how much money I want as a compensation.

But I want to do this in presence of somebody who can be a witness.

Like police or court.

Because the guy is ready to pay me money.

So how do I go about it?

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Originally Posted by binnymaxx

because the guy is ready to pay me money.

so how do i go about it?

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Hello b:

The guy thinks that if he pays you, his criminal charges will go away. They won't. I wouldn't take his money unless he understands that.. In fact, you don't need a witness. You just need to do the settlement in writing.

excon

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Originally Posted by excon

Hello b:

The guy thinks that if he pays you, his criminal charges will go away. They won't. I wouldn't take his money unless he understands that.. In fact, you don't need a witness. You just need to do the settlement in writing.

excon

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So even if I do the settlement in writing his criminal charges won't go away?

You can not "drop" the charges just because he pays you,

You can sue him in small claims court for your damages, and/ or normally criminal court will order him to pay you your damages.

So if he wants to pay you, what he is going to have to pay you anyway, go ahead, it will look good in court for the criminal charges, but the DA will not drop the charges for that.

In fact unless this is being done though his attorney ( who knows better anyway) this in itself is illegal, it is an attempt to pay off or buy his way out of the charges.

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Originally Posted by excon

... I wouldn't take his money unless he understands that. ...

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By no means do I mean to suggest that OP should be dishonest, but why not take it? Settle what otherwise would be a civil suit. Sign a release stating that you release him from any and all civil liability for the injury, in return for a specific amount of money. But I see no reason to clue him in, specifically, that you have no control over the prosecution of the criminal matter.

No you have no right or ability to drop the charges, in fact if you agreed to that, and when the charges are not dropped, he could sue you for more damages, ( maybe) but a illegal contract can't be enforced.

You do understand only the DA has the ability to drop the charges, so the deal will have to be done with him, and he will have to agree.

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Originally Posted by Fr_Chuck

No you have no right or ability to drop the charges, in fact if you agreed to that, and when the charges are not dropped, he could sue you for more damages, ( maybe) but a illegal contract can't be enforced.

You do understand only the DA has the ability to drop the charges, so the deal will have to be done with him, and he will have to agree.

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So what do you think should I do? I am sorry to bother u. BUt I have no clue in what to do in a situation like this?

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Originally Posted by AK lawyer

By no means do I mean to suggest that OP should be dishonest, but why not take it? Settle what otherwise would be a civil suit. Sign a release stating that you release him from any and all civil liability for the injury, in return for a specific amount of money. But I see no reason to clue him in, specifically, that you have no control over the prosecution of the criminal matter.

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Is it suggested that I speak to him on the phone and ask him how much he can pay me except for my medical expenses. And then go to the court with that RELEASE that u just mentioned?

Why except for your medical expenses ? He should be paying for every penny your spent.

And the release from any civil liability is that you will not sue him, That has no real value in criminal court, except at sentencing. And he can show the DA that if he wants to.
It may help him with the DA to make a better plea deal with the DA.

But any deal on the criminal side can only be done with the DA office.