How does restitution work in California? 6 Answers as of May 26, 2011

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?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
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.
Answer Applies to: California
Replied: 5/26/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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.
Answer Applies to: California
Replied: 5/26/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
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.
Answer Applies to: California
Replied: 5/25/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Technically, you still owe the restitution to the insurance company. The idea is that you should not benefit just because someone was insured. However, the DA is obviously less motivated to pursue the restitution issue if the victims have been compensated. They are usually willing to give you very small payments, or just let the issue go to collections. Good luck.
Answer Applies to: California
Replied: 5/25/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
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.
Answer Applies to: California
Replied: 5/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 5/25/2011
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