Q: I need clarification on victim restitution becoming a civil order.
My daughter pled no contest to battery/property damage 3 years ago and in addition to community service was ordered to pay victim restitution. She was placed on a payment plan and has fulfilled all her probation requirements as well as making each payment on time. We were told after her probation ends the remaining balance of restitution becomes a civil judgement not criminally enforceable. The prosecutor convinced the judge to extend probation for 2 more years. My question is: since the payments will remain criminally enforceable for the duration of the probation extension, does this delay (by 2 more years) the victims ability to pursue the restitution through a civil court?
A:
Mr. Gribow and Mr. Karas both provided good answers to this question the first time you posted it, a day ago. You are not clear what the problem is. Since daughter is the defendant, she is not going to file a civil action to enforce, but she could need to defend if the victim does. The Restitution remains as a term of her probation, which is in the Criminal Division of the Superior Court. You have not given any facts that would indicate that you have any concern about a civil action, you have not said the victim threatened to file one, you have not said the victim filed one, you have not said the DA advised you the victim wanted to pursue one. Like they said in the old TV commercial: "Where's the Beef?" It sounds like you are asking about things that could occur or might occur instead of focusing on the reality of the situation, which is your daughter needs to complete her probation by paying restitution, and the sooner she does that she sooner that all proceedings are done. Contact the DA and ask him your questions, obviously you are not satisfied with the answers from private attorneys.
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