QUESTION
How does restitution work in California?
Asked on May 24th, 2011 on Criminal Law - California
More details to this question:
If convicted and facing for 8 months in county, how does restitution work if the insurance paid for their injuries and wages? I've lost everything in a divorce already. Can I still keep my parental rights and time?
5 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Restitution works however the DAs plea bargain with you specifies, or however the judges sentencing specifies. If you had an attorney, discuss it with him. If you foolishly didnt, then you could try to discuss it with the DAs office, or you could consult with private counsel for an opinion. If serious about hiring counsel to help you in this, feel free to contact me.
Answered on May 26th, 2011 at 1:07 PM
There is a restitution hearing in criminal couet. The victim has to show up for that hearing with proof of damages. You show up with proof that all has been paid and the judge decides of money is owed.
Answered on May 26th, 2011 at 12:53 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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What type of conviction was it? For example, in a DUI causing property damage, if the alleged victim has already been fully compensated for his or her costs and is returned to whole, then there should be no further liability.
Answered on May 25th, 2011 at 12:58 PM
If the victim has already been reimbursed by insurance, they don't get to collect a second time from you. The purpose of a restitution hearing is for you to show this.
Answered on May 25th, 2011 at 12:50 PM
Victims are entitled to restitution for certain crimes. However victims cannot be compensated twice. If the victim was fully compensated by insurance you will not have to pay other than any deductible to the policy. You should contact a family law attorney to discuss your visitation.
Answered on May 25th, 2011 at 12:28 PM