| Patrick, Sorry to read that. Was this Wendy's attorney? I can give you my thoughts in general principles and hypotheticals only, as legal advice regarding a matter covered by SD state law would be prohibited since I'm not licensed there. The following, therefore, does not constitute legal advice, but some general principles and hypotheticals may be applicable to the circumstances.
You can be prosecuted by a state after being prosecuted by the federal government (the Air Force) and vice versa. That's true whether you were convicted or acquitted. A subsequent prosecution by the other jurisdiction is not double jeopardy, as that Constitutional principle applies only to the same "sovereign." The federal government has federal sovereign authority, and each state has its own, separate sovereign authority.
Sometimes attorneys talk with prosecutors and deals are worked out (or not) based on those conversations. Often District Attorneys will forego prosecution on condition that a suspected offender makes restitution to a victim.
Sometimes restitution can be made according to a written contract that offers a release of all future liability by the payee as well as confirmation that the payment does not admit any liability or fault on the part of the payor. It can also include an agreement on the part of the payee not to press criminal charges agains the payor. One other clause that can be included in such an agreement is one that requires that the payee never mention publicly or to anyone that the payment has been received or in what amount, including the identity of the payor.
Good, decent, law abiding citizens who may even have committed no crimes enter into these arrangements every day in order to preclude difficult, protracted and expensive criminal prosecution.
You should seek the advice of a competent defense attorney who is licensed to practice in SD.
If I represented someone in the Commonwealth of VA who was in a similar situation, I would not hesitate to advise them to pay that amount as quickly as possible, pursuant to a well drafted agreement to be signed by all parties. I'd also ensure that I had my own independent assurance from the district attorney that such a payment and accompanying agreement would satisfy his concerns about whether he needed to re-file criminal charges.
Perhaps the most important words in this email are, "as quickly as possible."
Because you asked,
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On Oct 21, 2011, at 3:53 PM, Patrick Burke wrote: Mr. Puckett, Sir, I know this part of the case was outside of what we hired you for, but we were curious on your thoughts. We know that it is legal for them to attempt this, but my first reaction is to tell them to pack sand. Thanks for the help!
V/R 1Lt Burke
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Hello Patrick, We received a phone call from the State’s Attorney’s Office yesterday. Deputy Scott Roetzel informed us of the outcome of the military’s case with regard to this matter. He also said that this young lady has still not received money to cover the damages to her vehicle. Therefore, Scott has asked us to request payment of approximately $3000 to cover the costs and would appreciate your prompt attention in this matter. He also wanted us to relay to you that he is seriously considering refilling the charges here in South Dakota. Please advise as to your position is in this regard. Thank you. Laura A. Maas Paralegal/Legal Assistant to Attorney Randal E. Connelly 409 Kansas City Street Rapid City, SD 57701 (605) 342-7330 This e-mail contains PRIVILEGED and CONFIDENTIAL information intended only
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