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Nate
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Experience:  Over 10 years of criminal defense practice.
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My question is derived from a Criminal case 4 years ago with

Resolved Question:

My question is derived from a Criminal case 4 years ago with a restitution attached. My son was in an auto accident with bodily injury to the passenger and himself. He was under the influence. Since then, he has done time in county jail and prison, was released due to my persistence with amn attorney and commitment to move him from Placer County to So Cal to live with me and get his life in order. The passenger signed a release with the insurance company for $100K on 8/2007, releasing any and all from any further action and/or claims.
A couple months ago, the mother of the passenger is claiming she wants $11K for her time off work and travel, with a status hearing on June 7th. This is now a Civil matter.
The question:
With the signed release, Is the parent due this $11K after 4 years (past 2 yr statute)?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Nate replied 3 years ago.

Thank you for your question.

 

I would argue that this is connected to the same facts and circumstances and is barred by their agreement to the waiver (though I do see where there is a theory as how this could be connected only to the criminal case). Ultimately, I think you're right. Present the waiver to the court and move to dismiss. Whether the suit is allowed to continue is ultimately up to the judge.

 

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

 

Thanks!

Nathan Moore

Customer: replied 3 years ago.
Below is the release I spoke of. Please read it and comment. As for the judge, Placer county is tough, 97% conviction rate, and has always been tough on Fred. If Fred presents supporting financial data for his living costs, has no savings, provides this release, and moves to dismiss, what are the chances the law will dismiss and not the personal ethics of the judge. Also, what about wage garnishing?
Expert:  Nate replied 3 years ago.

This isn't criminal, though, so I'm not sure the same expectations would apply.

 

His financial condition is irrelevant to whether she is entitled to a judgment. Wage garnishment can only occur after a judgment is final. You are a LONG way from that point.

 

I think the odds are decent. Argue that the parents signed a waiver of recovery over these same facts and events, and that they are now trying to "double dip".

Customer: replied 3 years ago.
The passenger signed, not the parent as he was 20 yrs of age then. But the release indicates that anyone present, which includes his parents, are releasing themselves from any actions or claims. If they have the right, they can do this til the end of his probation at will. This also is holding back his transfer of probation to Riverside county until this restitution issue is cleared.
Expert:  Nate replied 3 years ago.

I was under the impression the passenger was a minor.

 

They may have a case for some compensation, then. They cannot be bound by something they did not sign.

 

If it is holding up the probation transfer, your son may want to attempt to settle the case on a payment plan of some sort. Otherwise, you are going to have to pick apart the parent's request for compensation (as in, is what she is claiming this cost her really did for the amounts she is stating).

 

 

Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10536
Experience: Over 10 years of criminal defense practice.
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