Old 11-10-10, 01:23 PM
  #6  
Inertianinja
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a few things:

whether its a plea or a charging decision isn't clear, but either way the reasoning behind it isn't clear.

"no contest" is called a nolo contendre plea, and i wouldn't allow it if i were the prosecutor. that is a sign of an office bending over backwards to let someone try to avoid criminal liability. i would want the civil case to be a slam dunk for the victim.

there may be restitution, but that is only for OUT OF POCKET expenses. in a civil case, you can get punitive damages, pain and suffering, etc. so he might have only had $5,000 in medical bills, but he could get millions from a civil case. this is why i think that it's reasonable for a prosecutor to consider ALL the possible benefits to the victim, not just what the max sentence is.
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