Damages

[MNDad01]

What is the name of your state? MN

I am doing this under my friends account. I was convicted of 5th degree assult four years ago. The victim was 27 years old. I was 17. This stems from a fight at a party and 5 people were charged. 2 of us were charged with 5th degree, 3 were charged with felony assults.

I got a letter in the mail that someone is asking for restitution. I received papers that were from the court administrator saying that I have 45 days to contact the court administrators office to schedule a hearing if I have an objection to the amount of restitution being claimed.

I also received an affidavit for restitution saying that the state of minnesota is the plaintiff, and VM, PM, DL, JH and myself are defendants. They are asking for victims lost wages, legal fees, milage and parking fees, clothing ruined during the assult, the victims fathers lost wages, the victims mothers lost wages, and the victims brother's lost wages. A total of $21,525. This affidavit was signed by the victims father.

I also received a victim impact statement signed by the victims father. Nothing I got was signed by the victim himself.

Questions:

Is it realistic that they will be awarded mom, dad and brother's lost wages? He's 27 years old, he's not a minor.

Who is asking for restitution here? The state of MN, the victim, or the father?

Is this a criminal suit or a civil suit?

Would it be worth my time to ask to have the court put more weight on the people charged with the felony assults than the two of us that were charged with misdemeanors?

Any thoughts that would help me with this would be greatly appreciated.

I have the papers here in front of me if you need me to write anything word for word.

 

[FlyingRon]

It sounds like this is a victim's restitution case (rather than a separate civil suit). Essentially, it's a deferred part of your sentence for your original conviction (no doubt, the judge routinely deferred restitution proceedings or delegated it to the department of corrections0.

You'll need to go to the hearing and argue your side of it. Direct expenses (lost wages, medical treatment, restoration of stolen/damaged property) are all fair game. Pain and suffering, etc.. are not, you have to go to civil court for those types of things.

 

[MNDad01]

I've been trying to do some more research on this and I've learned a little, but I've also come up with some more questions... Anyone who can give me any insight on this is much appreciated!

In the affidavit for restitution, they are asking for $2,200 for legal fees. The victim didn't press the charges or have a lawyer, the state did, so whose legal fees am I supposed to be paying? And how do I find that information out? Everything I've read about restitution says that the victim needs to provide receipts and an explanation of everything requested, but the only thing I got for paperwork was the totals, no receipts.

Does anyone know if I challenge this, would I be able to get a public defender?

And also, I found this site: http://www.house.leg.state.mn.us/hrd/pubs/crimvict.pdf which has some great info on restitution and reparations. I'm confused on the difference between the two, though? Are they the same thing? And if not, how do they differ?

Thanks!