Letter of intent to take criminal action allowed? In exchange for settlement?

[Unreal03]

Hi, a company im suing in small claims has done various criminal crimes. Am i allowed to tell them i will press charges in court OR we can make a settlement agreement to avoid the civil and criminal courts?

From what the DMV investigations told me, they will be tried in a criminal court with a jury and judge.

A dealership screwed me over. Im 95% sure that i will win my case given my documents and i think they know that to....

I dont know if this is blackmail, but im saying i will press charges and sue for maximum unless they settle our of court. Legal? Illegal?

 

[army judge]

Legal or not, who cares?

If your case is solid, litigate the merits.

You don't need to dirty the water with allegations, accusations, or issues that have no relevance to the matter that brings you before the bar.

As Detective Joe Friday was often heard to say, "The facts, madam, just the facts!"

 

[Unreal03]

Well, the whole point is not to go to court and settle outside of court. I have overwhelming evidence but these people are so dumb, i dont think they realize whats in store for them..

So i could legally tell them to settle or i preess charges criminally and civilly, correct?

My main concern is settling because even if they are convicted, it will be hard to get the money.

 

[CdwJava]

You have no say over a criminal prosecution. If the allegations are being pursued, then it will be up to the police and the DA as to whether charges will be pursued.

If you are essentially saying, "Give me money or I will report your crimes to the police," be prepared to hire a criminal defense attorney as that can be considered extortion in CA per PC 518.

Best to just pursue your civil action through the use of an attorney and let the police/DMV Investigators do whatever they are doing.

 

[Unreal03]

Sigh, okay. I think i will just fight it in civil. Doesnt do my any good if these guys are in jail though :/

 

[CdwJava]

Most criminal offenses do not result in people going to jail - at least not for extended periods. And, you may be able to get your small claims case resolved before any criminal trial.

Besides, if they are convicted, at least you might have court ordered restitution paid to you (assuming you are a victim of their criminal offenses) and that could be tied to their probation. Enforcing a civil claim can be much more difficult and reuire greater work on your part.