what kind of criminal case in Florida that a defendant can settle to the victim using money that the prosecutor can agree? Is 2nd degree felony extortion count? I've always thought that only civil case can be settle in court and now I'm hearing some criminal case can be settle. Thanks
Criminal cases cannot be settled out of court. Speak to your lawyer and don't rely on others for legal advice.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
A criminal case can only be "settled" between the parties and the court. The parties are the State and the Defendant. A "victim" is not a party, only a witness. While a victim does have a right to be informed and be heard, they do not have the ultimate decision as to the disposition of a criminal case. If a victim or a witness asks for money or a benefit to withhold or alter testimony, it is Bribery/Extortion and can be charged as either a 3d degree or 2d degree felony.
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Mr. Longwell is correct. In rare cases the prosecutor may drop charges if the victim gets restitution and does not want to prosecute! But never offer money yourself as it is a crime!
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