Legal Question in Criminal Law in California
Payment of damages
I was convicted of vandalism and ordered to pay restitution. The company I vandalized owes me back wages and that is why I vandalized them. I would like to pay them back as slow as I can. Is there a minimum payment I can make? Is there a time frame to finish payments ($3000 owed) ? I have already been told at trial to pay this amount but was given no further instructions. Thank you for your help,
--name removed--
2 Answers from Attorneys
Re: Payment of damages
Your claim for wages is separate from you owe for the vandalism. The California state dept of labor will assist you in collecting the back wages. There is a penalty for an employer failing to promptly paying and employee. The penalty is one days wages for each day the employer is late paying the wages, up to 30 days.
In regard to paying the damages the rate depends on whether the order was made in civil court or in criminal court. In a civil case the court can order the judgment paid in monthly installments, based on the income and expenses for necessities. In a criminal case the court normally leaves the payment of restitution up to the probation department. If you are on probation the faster you repay the restitution the sooner probation is normally terminated.
Re: Payment of damages
I'll only suppliment the previous attorney's comments. Normally in the counties in California I'm familiar with the payments in criminal cases to the victims are done through the Victim Witness Office.
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