It is not unheard of for there to be a request for restitution to resolve a case without charges being pursued. It is illegal for such an arrangement that does not have the approval of the prosecuting attorney. The statute is Section 36.05 Texas Penal Code, Tampering with a witness, which in pertinent part says:
(c) It is a defense to prosecution under Subsection (a)(5) that the benefit received was:
(1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and
(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case.
As you can see, the money requested must be for "reasonable restitution" and can't just be a pay off unrelated to any damages incurred by the alleged victim.
Your question does not provide enough information to determine whether the proposal to pay restitution is a good deal or one you should reject. You cannot be prosecuted for a felony unless a grand jury indicts you (unless you waive intdictment). There is no way from your question to determine the likely outcome of a presentation of your case to the grand jury.
If you have confidence in your attorney, it is usually advisable to follow their advice. If you don't have such confidence, it is appropriate to get a second opinion. It is always suggested that you consult with a Board Certified Criminal Law Specialist when possible.
www.wesball-law.com
It is not unheard of for there to be a request for restitution to resolve a case without charges being pursued. It is illegal for such an arrangement that does not have the approval of the prosecuting attorney. The statute is Section 36.05 Texas Penal Code, Tampering with a witness, which in pertinent part says:
(c) It is a defense to prosecution under Subsection (a)(5) that the benefit received was:
(1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and
(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case.
As you can see, the money requested must be for "reasonable restitution" and can't just be a pay off unrelated to any damages incurred by the alleged victim.
Your question does not provide enough information to determine whether the proposal to pay restitution is a good deal or one you should reject. You cannot be prosecuted for a felony unless a grand jury indicts you (unless you waive intdictment). There is no way from your question to determine the likely outcome of a presentation of your case to the grand jury.
If you have confidence in your attorney, it is usually advisable to follow their advice. If you don't have such confidence, it is appropriate to get a second opinion. It is always suggested that you consult with a Board Certified Criminal Law Specialist when possible.
www.wesball-law.com
