espo Posted December 19, 2024 Posted December 19, 2024 23 hours ago, johnyrotten said: Here's the letter I received. Personal info blocked of course. This is a hobby forum, so I took the pics on my bench for laughs Something came to mind reading the letter from the District Attorney. I think what he may be asking of you, or will ask of you, is your feelings about the accident and how you were treated and reimburse for any loses. This is something that is done when the person found responsible for damages and other violations is going to court to be prosecuted. What the DA will do is get a feel for the victim's feelings and how you and the others feel Mr. Guaman should be punished if found guilty in a court of law.
johnyrotten Posted December 19, 2024 Author Posted December 19, 2024 1 minute ago, espo said: Something came to mind reading the letter from the District Attorney. I think what he may be asking of you, or will ask of you, is your feelings about the accident and how you were treated and reimburse for any loses. This is something that is done when the person found responsible for damages and other violations is going to court to be prosecuted. What the DA will do is get a feel for the victim's feelings and how you and the others feel Mr. Guaman should be punished if found guilty in a court of law. I'm waiting for a call back from the office. As far as how I feel, we've all done stupid things, I know I did in my youth. I also "matured"(I use that term loosely) and stopped acting like a blank. For the most part. I feel there's a lesson to be learned here, whether or not it actually will be is out of everyone's hands except his. All I do know is in NY, a dwi offense starts around ten or so grand the moment the cop lights you up, between fines and all that. Thanks for the reply
espo Posted December 19, 2024 Posted December 19, 2024 19 minutes ago, johnyrotten said: I'm waiting for a call back from the office. As far as how I feel, we've all done stupid things, I know I did in my youth. I also "matured"(I use that term loosely) and stopped acting like a blank. For the most part. I feel there's a lesson to be learned here, whether or not it actually will be is out of everyone's hands except his. All I do know is in NY, a dwi offense starts around ten or so grand the moment the cop lights you up, between fines and all that. Thanks for the reply On 12/18/2024 at 4:51 PM, johnyrotten said: Here's the letter I received. Personal info blocked of course. This is a hobby forum, so I took the pics on my bench for laughs Something came to mind reading the letter from the District Attorney. I think what he may be asking of you, or will ask of you, is your feelings about the accident and how you were treated and reimburse for any loses. This is something that is done when the person found responsible for damages and other violations is going to court to be prosecuted. What the DA will do is get a feel for the victim's feelings and how you and the others feel Mr. Guaman should be punished if found guilty in a court of law. Ya the DA will often use your, and others comments to decide what to ask of the Judge. 1
Rodent Posted December 19, 2024 Posted December 19, 2024 In my case, part of the guy's sentence was to pay restitution and that is why the D.A.'s letter came some time after the event. I really don't remember what he was charged with or convicted of. He had meth in his car, he was drunk, and the damage he did to my car would have qualified for felony vandalism. Vandalism is "wobbly" in California, it can in some cases be charged as felony or misdemeanor. It was definitely enough monetary damage to be charged as a felony, but they may not have done that. The guy looked about 17, but the cop told me he was 22 so he was getting a ride to "The Big Boy Jail". 1 1
Dave Ambrose Posted December 21, 2024 Posted December 21, 2024 Sounds like they're negotiating a plea deal. I don't know about NY, but here in CA, they sometimes need a restitution element to enable other things they want have as part of the punishment package (a considerable fine comes to mind). It might be some token amount, but it needs to be there so the defendant is compelled to do something else. The ADA can probably explain it to you.
johnyrotten Posted December 21, 2024 Author Posted December 21, 2024 3 hours ago, Dave Ambrose said: Sounds like they're negotiating a plea deal. I don't know about NY, but here in CA, they sometimes need a restitution element to enable other things they want have as part of the punishment package (a considerable fine comes to mind). It might be some token amount, but it needs to be there so the defendant is compelled to do something else. The ADA can probably explain it to you. That's exactly the case after finally getting in touch with them. As I had figured, nothing more on my end as far as restitution, not that I was looking for anything. This "extra" situation was a bit confusing, only the second accident I've been involved in. Thanks for the reply
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