Car Broken Into - Arrest Made Restitution?

[blahze9]

What is the name of your state? New York (New York City)

Hello,

Wasnt sure which board to post in, thought I would try this one...

Last week, my car was broken into items stolen including GPS, Radar detector, Steering wheel (yes the entire thing not just the airbag), etc.

Luckily there was a witness and the cops were able to track down the suspect and made an arrest. Some items were found on his possession, however not all.

My theft coverage under my auto insurance policy is covering some of the items, and my renters insurance is covering the other items, however I will have a total out of pocket loss of at least $1,000 plus some car rental costs as my vehicle is being repaired. The $1,000 includes the $500 deductable from my car insurance, and the $500 deductable from my renters insurance. Neither insurance will cover the car rental costs.

I contacted the Assistant District Attorney who is handling the case, and she told me that he is definately looking at jail time based on his past criminal history, and the two felonies that are coming from my case, and that restituion is not a viable option since he will be in jail. I heard from another source that restitution is possible, however since he is in jail, I would be looking at getting max $1.00 per day.

How should I proceed from here to get restitution from him? Can I sue him in small claims court for this if he is going to be in jail? Would he be allowed to appear in small claims court if he is in jail? Any other ideas?

This whole scene is new to me, so pardon me for my ignorance.

Thanks in advance.

[gawm]

They will not transport him from jail to a civil court matter. Restitution should be part of his sentence, he is not going to be in jail forever. When he gets out, he likely will be on probation. If he then fails to make a court ordered restitution payment while on probation that might be cause to send him back. You probably won't get your money for awhile, I wouldn't let it go if I were you however.

[blahze9]

Thanks for the quick reply. He is looking at a rather lenghty jail term in this one. He has several prior felonies, along with an active warrent, and a conditonal release from a previous case where previous felonies will be brought up.

DA says he is looking at between 6-10 years before he will be out on parole.

Sucks for him but he deserves it apparently. Sounds like I'll be waiting a long time for the money...

[gawm]

I would check into getting the money he makes in prison paid towards your restitution. That way you'll get your money plus he'll have less to spend on commissary. I don't know how you go about that, maybe someone else will.

[You Are Guilty]

Plus, a judgment is good for 10 years + 10 more if you extend it, so it would definately be waiting when he gets out of the clink.

[blahze9]

Thanks again for the replies. Very helpful. I can get part of what he makes according to the DA while in prison, while not much the rest will be waiting for him when he gets out whenever that may be, and you can bet your life, I will be following up.