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Thread: Restitution?

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    Michelle's Avatar
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    Restitution?

    My oldest son (who lives in California), just moved into his new place earlier this week and was robbed the very next day while he was at work. They totally wiped him out!
    Took everything he owned - even took his boxer briefs and food.
    However, the LEO's were awesome! They caught one of the thieves that night and the second one the next day.
    Later after the catch and arrest, an LEO contacted my son and apologized to him for the loss of things and that the thieves weren't talking where they unloaded it all. My son was happy that they got them, sickened about the loss.
    Late last night I was speaking with a non-LEO friend about the robbery and they mentioned to me there should be restitution?
    I'm not familiar with how that works.
    Would a LEO add this to a police report, a judge decide or does the victim hire an attorney to help them get restitution?
    I appreciate any suggestions and/or advice. Thank you!

  2. #2
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    In this area restitution is received only one of two ways. Once the case has run it's course in the courts the judge can order it. Not always done. The other way is for the victim to pursue a civil suit. Not always effective. Have your son check with the district attorneys office for a victim assistance program.
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    Well around these parts we have "Victims Services" which is a division of the County Attorney's office. Anyone seeking restitution at the completion of a criminal case needs to go through victims services. If a victim applies for restitution it is almost always ordered to be done by a judge (around here) unless it's unreasonable.

    Also, a judge may order it even if a victim doesn't seek restitution.

    One thing I always advise people, it's only done at the COMPLETION of the criminal case and even still, you have to remember you're dealing with criminals....just because they're ordered doesn't mean they're going to pay anything.
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    mack's Avatar
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    Civil suits are fine, but the defendant can still not pay the person and there is no criminal action that can be taken. The victim can go back to court and attach wages or IRS etc which can be even more costly to persue.

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    Cidp24's Avatar
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    Same here as Lew's post. We also have something similar to what jmur posted but it is severely underfunded by the State.
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    Quote Originally Posted by mack View Post
    Civil suits are fine, but the defendant can still not pay the person and there is no criminal action that can be taken. The victim can go back to court and attach wages or IRS etc which can be even more costly to persue.
    In this State, you can go to the Sheriff with your judgement and judicially recognized non-payment, and the Sheriff will take their shit and auction it, paying you the result.

    I'd be surprised if this civil function wasn't a part of most Sheriff's Offices.

    Not many people pursue it from the way it has been explained to me, but wouldn't it be rewarding to deprive the little shits of their 20" wheels and bling?
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    lewisipso's Avatar
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    I havent' heard of that but around here our thugs ride in Grandma's ride or it belongs to the girl friend. Still a good idea though. You never know when you might get lucky.
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    California District Attorneys usually have a Victim/Witness office. Check with them. Also a civil suit would be a good idea.
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    Quote Originally Posted by maclean View Post
    In this State, you can go to the Sheriff with your judgement and judicially recognized non-payment, and the Sheriff will take their shit and auction it, paying you the result.

    I'd be surprised if this civil function wasn't a part of most Sheriff's Offices.

    Not many people pursue it from the way it has been explained to me, but wouldn't it be rewarding to deprive the little shits of their 20" wheels and bling?
    I know they do in WV also. Worked for an SO up there for awhile as desk clerk (long ago)...they got court orders and went in and just started grabbing stuff to sell to be able to pay back the victims. (I am sure there was more to this..and a plan of some sort but that's the gist of it)

  10. #10
    berserk is offline The reason they do psych evals
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    Restitution is part of the sentence in a criminal case. The cops don't need to add anything to their report for that, but you'll want to get in touch with the prosecuting attorney ASAP to find out if this is an option for your case.

    If that doesn't work out, you could always sue him as has been suggested here. I like the idea of restitution better because if they don't pay up they can get jailed for failure to comply with the conditions of their sentence. Also, that way the payments are more likely to be made to you through the court, which minimizes your contact with the thug.

    Just my limited understanding from watching a few cases. I'm not all that thoroughly trained in issues like restitution and civil suits.

  11. #11
    Michelle's Avatar
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    I let my son know and last I heard, he was going to contact the LEO or sheriff station about it and see where to start. I'll be sure to post back here if I get of anything of interest. Thanks again, really appreciate you all taking the time!

 

 

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