Minneapolis, MN asked in Criminal Law for Minnesota

Q: I am the victim of a damaged to property case.. The defendant was convicted in order to pay restitution and is dead

I'm wondering what happens when the person of a crime that is convicted dies in Minnesota if the victim is still paid restitution?

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2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: When a person is convicted of a crime and ordered to pay restitution as part of their sentence, then that person dies prior to discharge from that sentence without having paid restitution; the court loses jurisdiction over the person after their death. But you might want ot check with the Minnesota Crime Victims Reimbursement Board to see if they can help. Or you could try submitting a claim to the deceased person's estate. See Minnesota Statute section 611A.04, et seq.

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: The victim will undoubtedly need to take steps if restitution is to be satisfied. Two big questions would be 1) how much is owed; 2) did the deceased have any money? I would call victim services and the prosecutor office to start.

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