I have a pending criminal restitution hearing for a Theft 1 charge in which I plead guilty and am sentenced to 30 days confinement, of which 2 days are given credit for. On the plea date, I was served with a summons and civil complaint for conversion, of which I have 20 days to respond to. Obviously, this didn't transpire because of incarceration so there is a default judgment on the civil suit. However, the restitution hearing is set for a month over the civil complaint due date. I know that the victim cannot duplicate the amount. However, how does one the civil suit affect the pending criminal restitution hearing and vice-versa?
Criminal Defense Attorney
The victim cannot double-collect. So whether they file a civil suit against you, or get a restitution order from the criminal court, what you end up owing is the amount of loss. Because the civil suit has already been filed and defaulted, the criminal court may just defer the amount of restitution to whatever was ordered in the civil suit.