Willing to pay restitution for dropped charges
Posted 22 February 2013 - 07:05 AM
Posted 22 February 2013 - 07:28 AM
daughter caught boyfriend in bed with another girl, she went on a rampage, and arrested for Criminal Mischief. The victims dropped the charges and we have agreed to pay for the damages. He has a TV that is 3 months old, with a receipt. He wants us to pay the full amount he paid for it.
I gather from this that one of the "victims" is your daughter's (presumably now ex-) boyfriend. Correct? When you say, "He wants us to pay," what do you mean? Why would he want or expect anyone other than your daughter to pay? Is your daughter a minor?
He says his dad wants to do what the courts would have.
Why would it matter in the slightest what his dad wants?
Would the courts make you pay more than what the TV is currently selling for?
Impossible for us to know. First, it depends on the laws of the state where this happened, which you didn't identify. Second, it depends on whether you're talking about a civil suit or a criminal prosecution. You said that "[t]he vicitms dropped the charges," but it's not really clear what that means. In fact, it's not clear that charges were ever filed. Criminal charges are filed by the local prosecutor, not the alleged victim. And, once criminal charges are filed, the alleged victim has no control over whether or not the charges get "dropped." That decision is made by the prosecutor. In a civil lawsuit, your daughter's ex-boyfriend would be entitled to the fair market value of the item that was destroyed. With a TV that is only three months old, it is likely that replacement value would be awarded. In addition, your daughter could be liable for punitive damages. In a criminal prosecution, she could be made to pay restitution, which probably would be fair market value of what was destroyed, and also could be fined on top of that.
Given the cost of defending a civil suit or a criminal prosecution, and given the difference of $100, I doubt it is really worth your or your daughter's while to take a particularly tough stance in negotiations with the ex-boyfriend. One thing to keep in mind is that, even if you or your daughter settles with the ex-boyfriend, a criminal prosecution is still possible.
Posted 22 February 2013 - 07:32 AM
Short story, daughter caught boyfriend in bed with another girl, she went on a rampage, and arrested for Criminal Mischief. The victims dropped the charges and we have agreed to pay for the damages. He has a TV that is 3 months old, with a receipt. He wants us to pay the full amount he paid for it. I offered to buy the exact TV, from the same retailer, and have it sent to him, it is now $100 cheaper. He insists on the full amount he paid. He says his dad wants to do what the courts would have. Would the courts make you pay more than what the TV is currently selling for? Thanks!
I don't know what the courts would do.
In negligence law regarding damage to property the plaintiff is entitled to the Actual Cash Value of the property which is the current replacement cost less depreciation.
Unfortunately, in this case, the victim has the power to reinstate the criminal charges and put your daughter in a world of hurt so I'd suggest you not quibble over 100 bucks.
Just make sure you get an itemized signed receipt for any money you give him.
Also make sure you get something from the prosecutor confirming that the charges are dismissed. People don't "press" charges or drop them. Only the prosecutor can do that.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 22 February 2013 - 07:41 AM
The victims went to the DAs office and filled out forms to drop the charges. They are awaiting the case to come to the DAs office to match up with the drop charge forms. i am aware that the DA can still take up the case, but this is her first (and stupid) offense.
To pg1067: No my daughter is not a minor, and neither is ex-boyfriend. The reason why I care what his dad says, is most kids (20 and 21) turn to their parents for advice and to take the lead, as I am doing with my daughter. When I say "we" I am meaning my daughter. I am trying to keep her out of jail. She is seeing a counselor, and is getting help. i am giving her advise. And yes, SHE will be paying us back.
Posted 22 February 2013 - 08:11 AM
Sorry, thought my screen name said where we were, Texas.
It sort of does, but you can't reasonably expect folks to read anything into or pay attention to a screen name for the purpose of obtaining substantive information.
In any event, here's a link to the TX criminal mischief statute: http://www.statutes....PE.28.htm#28.03.
As you can see, criminal mischief can range from a class C misdemeanor all the way up to a first degree felony depending on the aggregate value of the property damaged or destroyed. You can check here to get an idea of the possible punishments: http://www.statutes....E/htm/PE.12.htm. However, only a local practitioner is going to be able to advise your daughter regarding how the court might handle things in terms of restitution.
No my daughter is not a minor, and neither is ex-boyfriend. The reason why I care what his dad says, is most kids (20 and 21) turn to their parents for advice and to take the lead, as I am doing with my daughter.
It doesn't really matter what the motivation is behind his demands, and my question about whether your daughter is a minor was important because things might be handled very differently if that were the case.
Posted 27 February 2013 - 08:50 AM
Posted 28 February 2013 - 12:32 AM
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