Legal Question in Appeals and Writs in California

My friend was tried 3 times for Vechicular Manslaughter while intoxicated , and was convicted after the 3rd trial. He was subequently incarcerated, and was just released after serving his sentence. After trial 1, the civil suit was settled, and all parties waived any future claims. But after conviction, a second restitution hearing was called by the DAs office, and a second large judgement was rendered. (His appeal should be heard within weeks or months.) Plaintiff's civil atty has now demanded payment, so friend's attorney filed a "stay of enforcement of restitution pending outcome of appeal of judgment of convicted." The trial court agreed.. but with a bond due within weeks - of 1.5X the judgement, plus 25K fee, etc. After spending life savings on trials spanning 2+ years and not working for years while incarerated, his only option to post this bond is to cash out his remaining retirement accts... but then has no way to pay the associated taxes or fees. Is there any way to delay this additonal financial hardship until his appeal is heard? His PD says his work is done and cannot help. Thank you so much for any advice you can offer, and/or a referral to someone who might advise him!


Asked on 3/09/12, 10:07 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Depending upon how your friend's retirement accounts were set up and funded, they could be exempt from enforcement of a civil judgment. I don't know offhand if the same is true for restitution orders. If it is, and if your friend has no other assets the plaintiffs can reach, then he probably doesn't have much use for a bond. Indeed, the bond could convert money the plaintiff can't seize into money she can. Your friend may want to have a lawyer look into this for him.

You haven't said what arguments your friend raised on appeal. Is he claiming that the prior civil settlement bars the restitution award? From my experience, that argument seems unlikely to work.

Note that, even if your friend's appeal is heard soon, another three months or more could pass before it is decided. If either side seeks further review in the California Supreme Court, that will take another three months. A petition to the U.S. Supreme Court would add even more time.

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Answered on 3/09/12, 12:17 pm


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