Legal Question in Criminal Law in California

Can you be ordered to pay restitution twice in for a 245(a)in California? The criminal judge ordered general restitution in the amount of 10,000 and a direct order to the victim in the amount of 10,000 dollars. Upon release from state prison for a two year sentence I was then in civil court in which another judgement was awarded. Ive paid an excess of over 15,000 on the civil judgement but now have Corrections and Rehabilations trying to collect on the direct order that was issued. Does it get paid again? Ive been told the court no longer has juristiction over the case. Corrections and Rehabilitations said they just want something from the court that the judgement has been satisfied or that the court has credited the amount because its been pain in the civil matter. This is a 1998 case. Thanks.


Asked on 3/13/12, 8:51 pm

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

A civil judgment and a restitution order are not the same thing, so you haven't been ordered to pay restitution twice. Depending upon the facts, though, you may very well have been ordered to compensate the same person twice for the same loss.

If the restitution order and the civil judgment are for the same injury and if they total more than either court deemed the injury to be worth, then at least some of what you have been ordered to pay is duplicative. If you have already paid what the courts deemed the injury to be worth, then you should be able to get orders deeming both the judgment and the restitution satisfied.

I would need more details before I could say what procedures you should follow.

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Answered on 3/14/12, 10:48 am


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