Legal Question in Criminal Law in California
Financial Restitution Pay twice Criminal and Civil????
My son plead no contest to an assault and battery felony. In the plea the D.A. stated 3 yrs probation, and 3 mos cal trans. After 3 yrs it would be dropped to misdemeanor. We were sued civilly and pd $50,000 for medical. Now that all is completed and over with D.A. states have to pay medical again crimally and it will not be dropped to misdemeanor? Isn't this double jeopardy?
3 Answers from Attorneys
Re: Financial Restitution Pay twice Criminal and Civil????
He needs to get this in front of the judge, and let the court know he already paid and satisfied his conditions. If your attorney won't do it, contact me for help.
Re: Financial Restitution Pay twice Criminal and Civil????
Unfortunately, it is not a double jeopardy violation. You will likely have to formally file a motion for the reduction and have the judge decide if the conditions of the reduction have been met.
Re: Financial Restitution Pay twice Criminal and Civil????
Since your son is not being prosecuted again it is not double jeopardy. However, it does sound like a violation of his plea agreement. If your son fulfilled all of the terms of that agreement then the prosecutor has no right to demand additional terms now.
Be sure to check the written plea deal if there was one, or to read the transcript of the hearing in which the deal was recited. If the agreement is as you state and if the judge accepted it, then your son is entitled to the benefit of his bargain so long as he fulfils his end of the deal.
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