Bribery for Assault case.

[Michael Gagnon]

Hello, I was wondering if someone could help me. A friend of mine was assaulted by her ex-boyfriend (current at the time of assault) when she was 17, he was 16 or 17. His mother had her sign a make-up contract agreeing to take $10,000 as payment to not press charges. The only stipulation is that she must wait till she's 21. I have several questions.

Note: She lives in Washington but everything happened in Montana.

1.) Is this illegal in the state of Washington?

2.) Is she bound by that contract even though she was a minor at the time? Her parent did not sign the contract. Only her, her ex, and both her ex's parents.

3.) Is the document legally binding? Or could she take the money and say it was a gift *legally*. We don't want to break the law but things are a little tight and she could use the money which is why I ask.

4.) What are the repercussions of taking the money since it is her account but its still a joint account with her ex's mother's name on it.

 

[PayrollHRGuy]

1)
RCW 26.28.030
Contracts of minors—Disaffirmance.
A minor is bound, not only by contracts for necessaries, but also by his or her other contracts, unless he or she disaffirms them within a reasonable time after he or she attains his or her majority, and restores to the other party all money and property received by him or her by virtue of the contract, and remaining within his or her control at any time after his or her attaining his or her majority.

2)See #1

3) She would be sued for the money and they would have a signed contract to prove the money was for her not pressing charges.

4) If the account requires both signatures she can't get the money. If she has access to the account it wouldn't be theft if she took it early but it would likely end in civil litigation.

 

[HRZ]

You post is very confusing as to if your friend has turned 21 and ex bfs mother has actually paid the $10,000 as per contract

 

[Michael Gagnon]

Apologies. Friend is 19. Yes the mother already paid. The $10,000 is sitting in an account that said friend has full access to without the other parties consent. The only reason its a joint account is so the mother can monitor it to make sure the money isn't taken out prematurely.

So even if the contract wasn't drafted by a lawyer she is still bound? And what would the civil litigation end in? What kind of outcome are we looking at?

Thanks,

 

[xylene]

she needs to wait till she is 21

 

[Michael Gagnon]

I agree but as I stated things are a little tight, so if civil litigation is required what would the outcome be?

 

[quincy]

The outcome can depend on several factors, including the terms of the agreement.

It is possible that your friend cannot withdraw the money early without written consent from the mother - or be in breach.

I suggest your friend wait until she is 21 and find another way to meet her current financial needs.

She can have the agreement personally reviewed by an attorney in her area to better determine her options, however.

 

[xylene]

Be real. This is not set for life money.

If your friend is destitute, she should seek out relief from the government and/or charity.

The economy is very robust, consider work, additional work or different work that is better compensated.

 

[Michael Gagnon]

Never mind. I'll let her know. Thank you all for your time.

 

[quincy]

Never mind. I'll let her know. Thank you all for your time.

Although I am pretty sure we did not tell you what you wanted to hear, we appreciate that you thanked us anyway.

Good luck to you and your friend.

 

[xylene]

Have good one, you're welcome!

One more point:

This is not a situation, not a significant enough amount of money, where a lawyer would work on contingency.

You'd have to pay the lawyer. That would not be cheap, and lot to spend when you don't have any money.

It's pretty much non-sensible to spend a lot of money to get a pretty modest sum of money no more than ~23 months early.

Oh with a pretty good risk that by trying to get the money early you wind up with nothing.

 

[Just Blue]

Have good one, you're welcome!

One more point:

This is not a situation, not a significant enough amount of money, where a lawyer would work on contingency.

You'd have to pay the lawyer. That would not be cheap, and lot to spend when you don't have any money.

It's pretty much non-sensible to spend a lot of money to get a pretty modest sum of money no more than ~23 months early.

Oh with a pretty good risk that by trying to get the money early you wind up with nothing.

I agree for the most part...unless it's needed for college books. They are wicked pricey.

 

[HRZ]

She waits until she is 21 unless she wants to risk blowing it all.

 

[quincy]

Have good one, you're welcome!

One more point:

This is not a situation, not a significant enough amount of money, where a lawyer would work on contingency.

You'd have to pay the lawyer. That would not be cheap, and lot to spend when you don't have any money.

It's pretty much non-sensible to spend a lot of money to get a pretty modest sum of money no more than ~23 months early.

Oh with a pretty good risk that by trying to get the money early you wind up with nothing.

A quick review of the contract by an attorney would not be all that expensive but, if money is in short supply already, it is probably not worth the cost. A legal aid clinic might be able to check it out, though.

 

[PayrollHRGuy]

Just a thought if the contract included a confidentiality clause it has been breached.