Legal Question in Criminal Law in Washington

Re: Is it illegal to ask money for dropping a case?

Your case relates to Washington Law even though you are in California. The other attorneys that answered are California attorneys. However, the advice they give is correct. I'd particularly heed the advice of Terry Nelson about the risk of charges against your mother if done improperly. You'll definitely want an attorney handling the matter for you.

At your service,

Re: Is it illegal to ask money for dropping a case?

He deserves to be in jail. If he is convicted, or even if he pleads guilty, there is usually a restitution program through which your mom would be compensated for her injuries. Additionally, she can file a civil action against him after the criminal action is over.

And btw, she can't drop the charges. Once the D.A. has decided to file the case, it's out of your mom's hands. She can't dismiss it. However, she can choose to disobey the subpoena that calls her to come testify at trial, and then they won't have a case, but she could get in trouble herself at that point.

Re: Is it illegal to ask money for dropping a case?

Your mom cannot agree to take money in exchange for an agreement to not testify, unless she wants to go to prison too. However, your mom can agree to settle her potential civil case for monetary compensation. This agreement could include a confidentiality clause. Your mom's testimony could then only be opened by a court order. The agreement could include clauses that indicate she is completely satisfied and that the "rape" is disputable. The prosecution could still proceed with the civil case, but would have a more difficult time with it, especially considering the fact your mom has signed an agreement indicating she is satisfied with the settlement and agrees the allegations are disputable. There is a good chance the prosecution will reduce the charges or drop the case entirely. Your mom or an attorney she hires could talk to the prosecutor about your prospective agreement and ask him if he would be willing to drop the charges if the victim agrees. There is the flip side, that if your mom does ask for money now, while charges are pending, that could be used by the accused's lawyer to show that your mom just fabricated the charges so she could get money. Also, I would make sure that the compensation your mom gets is a very large sum of money. It is not uncommon for rape victims to get judgments that exceed $1,000,000. You mom might get more money in the long run by getting a civil judgment against the perpetrator and then pursuing him for the rest of his life, after he gets out of prison.

Re: Is it illegal to ask money for dropping a case?

It's called extortion if done wrong. Bad idea, unless handled carefully and properly. Get an attorney to do so as part of a civil settlement unless she likes the prospect of criminal charges against her.