Russellville, AR asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Mississippi

Q: Is this a bribe?: "if you state that you do not object to offender getting probation I will offer $200,000 restitution".

Drunk driver hit my vehicle

-killed my 4 year old son from fractured neck

-my 6 year olds spine snapped, and had internal bleeding from 3 organs

-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain

-happened 5\5\2018

-trial has been continued close to a dozen times

-defense attorney is a State representative

-$200000 offer for restitution only if I get on the stand and say I do not object to the drunk getting probation.

-if I don't state what they request then there will be no amount of restitution offered

IS THAT A BRIBE?

IF SO, WHAT SHOULD MY NEXT STEP BE?

I DO NOT THINK THIS IS FAIR AT ALL!

1 Lawyer Answer
Arthur Calderon
PREMIUM
Arthur Calderon
Answered
  • Criminal Law Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there was ever a civil suit filed against the driver, since that would also trigger potential insurance coverage, depending on the policy. Even then, $200,000.00 from a drunk driver for those types of injuries sounds ridiculously low. My recommendation would be to reach out to an experienced criminal defense and PI lawyer. Feel free to reach out to any lawyer on here by clicking the contact information next to their name. Most lawyers are willing to offer a free consult to see what can be done to help you out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.