Now her attorney has threatened that if I don't sign the civil paperwork its a "violation of my probation" for not cooperating with the victim in the civil case, HOW TRUE IS THIS?
2007-01-20 05:44:20 · 8 answers · asked by lidad99 2 in Politics & Government ➔ Law Enforcement & Police
Never ever believe someone else's attorney. Especially if the other attorney has a case against you. He is just trying to win a case with as little work as possible. The person you should ask this question to is your probation officer. Only they will be able to tell you what violates your probation and what doesn't. I would also tell the probation officer what this attorney has told you. And when the attorney contacts you again. Tell him that you are not doing anything until you run it by your probation officer and your attorney.
2007-01-20 05:51:05 · answer #1 · answered by nana4dakids 7 · 0⤊ 0⤋
Above answers are right. The judge may have ordered such a thing, but I doubt it. Court ordered restitution usually goes through the court. Your probation officer will have the details. And if you do have to sign it and you don't the other lawyer will still have to have a hearing (of which you will get notice) to have a judge order it or hold you in contempt. At that hearing you can always claim that the order you received at your trial where you were ordered to pay restitution did not say you had to sign an attorney's civil order to do so and put the court on notice what the threats of the attorney were and why you mistrusted him. Trust me this doesn't sound right to me, don't sign the paper and tell him straight out your not (unless your probation officer shows you where it says you must as a "condition of your probation."
2007-01-20 06:02:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends on the nature of the resititution order. Restitution orders are based on criminal proceedings and cover only "actual" damages. What specific losses does the restitution order cover? For example... a restitution order can cover lost wages, medical expenses, property damage, ongoing counseling, etc. It cannot, be its very nature, cover "pain and suffering" types of damages. That's what a civil action would cover.
Any of the claimed damages on the civil order that are already covered by the restitution order... meaning "actual" damages... are not allowable under the civil action. Likewise, anything not specifically covered by the criminal restitution order is open for discussion as a civil matter.
As far as it being a violation of probation to not sign the civil order, I have a couple thoughts. First, that sounds like coersion to me.. Second, check your terms and conditions of probation. If there's not a specific order that says you will cooperate with any civil action taken, then it's not a violation of probation.. because it's not a condition of probation. Make sense? Second, even if it is a condition of probation, explain to your probation officer that you intend to be cooperative, but you don't intend to be a doormat! You're entitled to have every dollar you're ordered to pay be substantiated.
2007-01-20 06:31:37 · answer #3 · answered by Amy S 6 · 1⤊ 0⤋
Call your Probation Officer & find out. Then, try to get it in writing from them if they say that you do NOT have to sign the paperwork, because it could become an issue later on if it goes to court. Do you have a lawyer yet? It sounds like her Lawyer is just trying to intimidate you through fear. Even though you are the guilty party, you still have rights under the law. Call your probation dept or officer & try to get a public defender to help you with your case.
2007-01-20 05:56:29 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Here is an idea. Either make payment in full, set up a payment plan or be prepared to have wages garnished, tax returns garnished, property taken etc. Now you can't declare bankruptcy on any restitution charges but you could possibly take out enough credit/loans to pay your restitution and then declare bankruptcy on your credit debt? Just an idea if you have good credit and would rather trash that then legitimately pay off your debt. Word of advice, transfer valuable property to family members (ya know cars and such).
2016-03-29 06:18:26 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If you are truely upholding your end of the probation order, than I recommend you contact your lawyer and fill him/her in on this threat. If everything is up to snuff and you have not violated your probation in any way than there is a little thing called double jeopardy. You may not be tried twice for the same crime.
2007-01-20 08:10:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I doubt this is true. Consult your probation officer or your own attorney who will advise you properly
2007-01-20 06:47:50 · answer #7 · answered by Officer Baz Says... 2 · 0⤊ 0⤋
I would call his bluff, Its just darn unconstitutional for you to be tried twice for the same crime.
2007-01-20 05:50:05 · answer #8 · answered by corvuequis 4 · 1⤊ 0⤋