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there is a case in arlington court, virginia in 2001; i order court record but all i received was the convition. i do not see police report or indictment; i want to know the facts around the case, any idea on how i get this? in addition, what is restitution in Virginia? is the amount only constitute actual loss or is the amount constitute the actual loss plus something else? what is 18.2-178
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In order to get a Police report you will need to go to the Police station where the arresting officer is located. They typically will have a form for you to complete. I have noted that some counties in Virginia will only provide you with an incident report. When you request the report at the precinct they will let you know what they will provide.
81.2-178 is a criminal statute:
To get a copy of an indictment you can go to the clerk of courts where the case was prosecuted. You can ask the clerk for a copy of indictment. It may be that the indictment is sealed in which case it would not be available to you. In most cases it should not be a problem to get a copy.
18.2-178. Obtaining money or signature, etc., by false pretense.
This charge is essentially a theft or larceny through fraud. The actual code defines offense as:
A. If any person obtain, by any false pretense or token, from any person,with intent to defraud, money, a gift certificate or other property that maybe the subject of larceny, he shall be deemed guilty of larceny thereof; or if he obtain, by any false pretense or token, with such intent, the signature of any person to a writing, the false making whereof would be forgery, he shall be guilty of a Class 4 felony.
Restitution consists of repayment of what was stolen (actual loss), and can include statutory interest for the amount owed over the repayment period. The Court will specify the amount of restitution to be paid and any interest to be assessed. restitution does not include punitive damages for the offense. It is simply to make the victim whole financially from the loss experienced through the criminal act.
how do you know if the statutory interest was included? is it shown on the conviction order
Yes if the judge ordered interest to be paid it would be listed on the sentencing or conviction order.
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