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Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9087
Experience:  Since 1983
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Victims rights question

Customer Question

victims rights question
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 3 months ago.

Hello. I will help you with your questions today.

Customer: replied 3 months ago.
thank you. sorry for the delay; wifi problems. If a person accepts a plea bargain in a felony ADW case but is financially indigent, i.e. no financial assets -no cash, stock or bank assets; no title to real estate, vehicles or other significant property; no profession or technical education - and will be incarcerated for two years- how is a victim restitution amount determined? if the victim is also indigent but on SSI - which covers medical expenses- is the defendant ' automatically' held responsible for the immediate medical attention received due to the injury? the victim has a long psychiatric treatment past history. With the defendant then become responsible for all future such counseling as well?
Expert:  Colleen Grady replied 3 months ago.

Can you tell me what state and county you are in? Laws vary from state to state.

Expert:  Colleen Grady replied 3 months ago.

I realized you are in France. I will have to opt out. I am in the US. Another expert will have to help you.

Customer: replied 3 months ago.
Sorry I didn't make it clear – case is in California criminal court.
Expert:  Colleen Grady replied 3 months ago.

What county?

Expert:  Colleen Grady replied 3 months ago.

I am going to give you two good resources to help you with your questions. They will provide you guidance and substantive information.

The first was written by a California attorney on the subject of restitution:

Expert:  Colleen Grady replied 3 months ago.

This is from the California Victims Compensation program.: http://victimsofcrime.org/docs/default-source/restitution-toolkit/adult_restitution.pdf?sfvrsn=2

Please rate me if you are satisfied with my help.

Customer: replied 3 months ago.
what is the relationship between the restitution amount determined and the actual plea bargain/ sentence reduction possible? It was my understanding that they are separate conditions but our lawyer has informed us that what is the relationship between the restitution amount determined and the actual plea bargain/ sentence reduction possible? It was my understanding that they are separate conditions but our lawyer has informed us that
"The judge has agreed to stay the GBI enhancement,( a reduction of three years of the sentence) in the ADW felony charge  IF full restitution to the plaintiff is made."
This seems like a contradiction to me...
Expert:  Colleen Grady replied 3 months ago.

I don't know how to answer this. I will opt out for another expert.

Expert:  N Cal Attorney replied 3 months ago.

New Expert here.

There is no specific relation between the amount of restitution ordered and the sentence. Local prosecutors may have their own policies about that but there is no statewide law on that.

Judges can make conditional sentences and for whatever reasons, this one sentenced the person to X amount of prison time plus 3 years if restitution is not made.

A more common scenario is when the sentence is imposed but execution of the sentence is stayed unless defendant violates the terms of probation.

The defendant will not be liable for future medical care or counseling expenses of the victim incurred in the future, due to the rule against double jeopardy but the victim can sue the defendant for past and future damages. The California statute of limitations for personal injuries is two years, meaning any civil case would have to filed within two years of the assault, not including any time the defendant was outside the State of California.

Je suis désolé que vous aviez une telle expérience traumatisante, mais j'espère que cette information est utile.

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