My brother was just released from jail on bond and is receiving phone calls from the victim from private numbers because she wants to talk to him. There's a no contact order in place and i told him not to talk to her Whatsoever! She's even had other people call him for her. I'm afraid her intentions are to get him thrown back in jail. Are victims held accountable when they are reaching out to the offender?
You have given your brother good advice. The no contact order is that he not contact her. Unfortunately, she will not be held accountable. Let his attorney know that she is contacting him. The attorney can inform the prosecutor and they might contact her to stop. If she does not stop he should not engage her in any way, even through friends. Wishing him the best.
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On a criminal no contact order, normally no. I've heard of the protected person getting charged with aiding a misdemeanor when that person and the defendant have mutual contact. I think you'd need a prosecutor will to try to charge an attempted violation - I haven't run across that yet. The judge in a criminal matter does not have jurisdiction over the victims and witnesses, so normally cannot order them to do much, other than something like a subpoena.
He should not communicate with her and he should tell his attorney about the attempted contacts. They can sometimes be used to attack the credibility of the victim.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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