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Can a business send you a restitution bill before you are convited for the crime?

Pompano Beach, FL |

I currently have pending charges for vandalism and have pled not guilty, but before I even got a court date the buisness had sent me a restition bill demanding I pay stating they will be sending a 2nd notice to cure restitution in 7days

please help- is this legal? - a detective came to my house saying he had evidence on me and that if I told on my self he would give me a lesser sentence and if I didnt he was going to seperate it and give me multiple accounts, I kept asking him if I was under arrest and he wouldnt answer the first few times but eventually said "not yet", he gave up and said you have till friday to let me know and gave me his card , I never called him and friday morning he came and arrested me, I bonded out and received the notice- is this legal?

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Attorney answers 3

Posted

As to your first question, the business is welcome to send you the bill for restitution, just as you are free either to pay it or ignore it. If there has been no adjudication of guilt and sentence ordering you to pay restitution, though, you are under no court-ordered obligation to pay.

You asked the right question to the detective. If you are not under arrest, you have no obligation to speak with him and shouldn't. He is completely allowed to TRY and get you to talk, but you are completely allowed to do what you did and tell him to go away or arrest you. It seems like you have done a good job of protecting your rights thus far, so the next important step is for you to find a lawyer to help you through whatever you are dealing with at the moment.

Posted

The business may mail it, sure. What you do is up to you.

Posted

It sounds like what the business did is send you a civil restitution document. Yes it is legal but most lawyers will tell you to ignore it. It is very unlikely that you will be sued for the restitution. When you hire your criminal defense lawyer, talk to him/her and let them know about the letter you received.

Good luck,

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

Most attorneys this forum would probably tell you to ignore the civil demand in a shoplifting situation. I think most would be more cautious under these circumstances. Suggest that yoou appear andask the court for an attorney. Do not plea guilty, even if you are, until you and your attorney have had an opportunity to discuss the case. The demand, might provide a means for dismissal. I only said might. Depends on FL law and creative attorney negotiations

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