Legal Question in Criminal Law in California
restution(court odered) criminal case
my boyfriend who is doing time in prison was odered to pay restution to a lady whos car he stole and wqrecked in a police chase was awarded a medical settlement of at least 5,000 dollars. he owes the lady at least 3500 dollars fo her car. can he get his money before the lady finds out about the settlement, or does she have to sue hom in order to get her money? And since the money was awarded to him while he is in prison will he get it put on his books while in prison, and will the courts know about it and take out the Restution while he is locked up and give the woman her money owed?
2 Answers from Attorneys
Re: restution(court odered) criminal case
Good thing for Your Boyfriend the victim didn't have a lawyer, a good lawyer would have made sure she got paid first from the settlement money. I won't advise you on how he can disobey the court's restitution order (thereby stealing the victim's property again).
Why is this creep still your boyfriend? What does that say about you?
Re: restution(court odered) criminal case
If the money goes into his prison account, it will most certainly be taken to pay restitution. That said, your boyfriend could be imprisoned again for not paying his restitution obligation willfully, i.e., not paying while having the money to do so. He'd better think twice before ignoring the court's order.
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