Can I get compensation as a victim of a crime? Ask the Attorney – Orange County Register
Q: My wife and I run a business. A trusted associate was caught and convicted of $200,000 in embezzlement. The judge ordered monthly compensation payments, but we only got two. Time has passed because it was too difficult to take legal action, but now we have more resources. Are we still entitled to restitution?
MK, Signal Hill
A: Studies show that a restitution order in criminal proceedings is enforceable like a civil judgment. Research also assumes that the provision obligation cannot be redeemed in bankruptcy, is permanent and inheritable. So you can trace the ex-employee, hiring a lawyer or debt collection agency is an option.
Q: I am the victim of a criminal battery, have medical bills and unfortunately now have some difficult mental health issues. What can I request as a restitution?
A: The court must award the victim full compensation for the economic loss, which may include: (a) payment in whole or in part of the value of stolen or damaged property, (b) medical expenses, (c) psychological counseling expenses, (i.e ) lost wages or profits and, if the victim is a minor, then lost wages or profits lost by the parent or guardian while caring for the injured minor, (e) costs of establishing or increasing home security related to the criminal offense, (f) actual and reasonable attorneys’ fees and other collection costs associated with a private attorney on behalf of the victim, (g) costs of retrofitting a home or vehicle, or both, to make each operational if the victim is permanently disabled (in whole or in part) as a result of the offence; and (h) if the conviction involves a child abuse offense, the court may order compensation for non-economic losses, including psychological harm.
Victim Compensation Office
The California Victim’s Compensation Board has helpful information online about a victim’s rights to compensation: http://victims.ca.gov/for-victims/who-is-eligible.
Ron Sokol has been a practicing attorney for over 35 years and has also served many times as a judge, mediator and arbitrator. It is important to remember that this column is a summary of the law and should not be treated or considered as legal advice, much less as a substitute for actual advice from a qualified professional.
https://www.ocregister.com/2022/09/27/can-i-get-restitution-as-a-crime-victim-ask-the-lawyer/ Can I get compensation as a victim of a crime? Ask the Attorney – Orange County Register