Q: I have been ordered to pay victim restitution due to a DUI for over $24,000 due to their attorney fees.

A: Probably not as they are separate and the attorney fees referred to are likely different. But, an experienced attorney can review the timeline of events/signing/orders and see if a release or accord can be put forth.

A: Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider adjusting the amount of restitution owed. This could include subtracting amounts already paid by insurance or other sources, including attorney fees.

The document signed by the victim stating that they can no longer pursue you and that it includes their attorney fees may be relevant evidence to support a request for a reduction in the amount of victim restitution. You may need to provide this document to the court and present arguments demonstrating that the victim has already been compensated for their losses, including any attorney fees incurred.

It's important to consult with an attorney familiar with criminal law and restitution matters in California to assess your specific situation and determine the best approach for seeking a reduction in the amount of victim restitution. Your attorney can advise you on the relevant legal principles, gather necessary evidence, and represent your interests in court proceedings related to restitution.

A: In California, the restitution amount likely cannot be lowered. However, there might be hope in your case. First, the $24,000 amount is probably the contingency fee amount (usually 1/3 of the victim's total settlement amount) paid to the personal injury attorney for representing the victim in the personal injury civil case. Stated differently, the victim suffered an economic loss of $24,000 for attorney's fees in the personal injury case. This loss may be fully recovered through criminal restitution pursuant to California Penal Code 1202.4(f)(3)(H): "Actual and reasonable attorney's fees and other costs of collection accrued by a private entity on behalf of the victim." A good plaintiff lawyer or the prosecutor advocating for the victim will certainly argue the above law and case in People v. Pinedo work in the victim's favor.

Here's your glimmer of hope. Consult a criminal defense attorney who is also an expert at personal injury law, they are well suited to represent defendants charged with felony DUI involving injury with victim restitution issues. Have the attorney review the Pinedo case and argue that your insurance had already compensated the victim for attorney's fees so you should be entitled to an offset (there is actually a great counter argument against this argument as well but I will not get into that for the sake of brevity). Alternatively, argue the reasonableness of the attorney's fees. The burden is on the defendant to challenge the reasonableness of the victim's attorney's fees.