Boise, ID asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Car Accidents for Idaho

Q: If my Husband is sentenced and is paying restitution can the other party file a civil claim and sue him?

He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my current lawyer has not be reachable and i dont want to miss any deadlines

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Your question has a couple of issues:

1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because they State's been collecting 20% of every dollar you're putting on his books.

2. Appeal. The State Public Appellate Office is handling his appeal. Call them (208) 334-2712 and ask them "what's the status of my husband's appeal?" They will happily tell you. When the Idaho Supreme Court rules on the appeal, you WILL be notified.

3. Missing deadlines: if the appeal HAS been filed, there are no more deadlines to worry about.

1 user found this answer helpful

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