Quote:
Originally Posted by MBates
So I take a brief pause from my prep for day 2 of my murder case to see what's what on CP and I'm getting a direct plea for my input!
New York State Bar Ethics Opinion 821 says that so long as a District Attorney is satisfied he or she has probable cause to support a charge, and that it is provable, then they can propose a civil resolution in lieu of a criminal charge:
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Hope your trial prep is going well!
As for the above opinion - it involves economic loss (welfare fraud) which could be potentially resolved through restitution, ignoring any denunciation or deterrence principles.
I personally think it would be a stretch to apply that opinion to circumstances involving physical injury/bodily harm. Will be interesting to see how this sorts out.