More details to this question:
My son was involved in an altercation while at a college party. The other kid's parent is sending me emails and certified letters saying if I pay him $1200 for medical expenses, he will not file a civil or criminal complaint. The circumstances do not support a criminal complaint as his son was hurt when he pushed my son from behind, and when my son ignored him, he rushed up on my son's back. At this point, my son shrugged him off and the aggressor ended up with a black and swollen eye. Ironically, the other kid's friend then punched and blindsided my son. All the parties were separated and the conflict ended. The incident happened four months ago. No police report or complaint, to our knowledge was made by any of the parties to the police. The school held a student council hearing and found no fault but disciplined both students for underage drinking and creating a situation with potential physical harm but given the threat of criminal charges in order to gain payment.
3 ANSWERS
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
What do you do with this? Wait and see what happens. If suit is filed, you would do best to hire an attorney.
Answered on Jun 18th, 2014 at 8:29 PM
Banking Attorney serving Miami, FL
at
The Barrister Firm, P.A.
Update Your Profile
It is not blackmail to attempt to resolve a viable civil claim prior to filing such. However, you are not obligated to resolve it without there being an actual case at law. If you believe that your son's risk of liability or culpability is low or zero, then ignore it or respond that you will be willing to take your chances in Court. If your son is over the age of eighteen, then you have no personal liability for his actions.
Answered on Jun 18th, 2014 at 5:23 PM
Civil actions are often preceded by demand letters. However a threat to bring criminal charges made for the purpose of obtaining financial gain can be considered extortion in violation of F.S. 836.05. See, Duan v. State, 970 So.2d 903 (Fla. 1st DCA 2007) (one may not threaten to undertake an otherwise legal act to his own pecuniary advantage); Berger v. Berger, 466 So.2d 1149 (1985) (although husband had legal right to report wife to Internal Revenue Service for failing to report cash receipts from operation of beauty salon business, husband did not have right to threaten to report her for his own pecuniary advantage).
Answered on Jun 18th, 2014 at 10:30 AM