Question Re Statute Of Limitations-Criminal Damaging-Ohio

[marlo54]

Hello All -

Can anyone advise me what is the statute of limitations for juvenile criminal damaging from the time of sentencing for the restitution...my son was ordered to pay, but since he was too young to get hired anywhere at the time, I must make the payments until he can, and I can be sued if the victim doesn't feel I am paying quickly and consistently. Normally would not have been a problem but this winter's heat bills are taking their toll on a one-income family...he has now applied for work at the local grocers', about the only business that will hire fourteen year olds...waiting to be called...the usual response and certainly the courts was that "he can find something" but the truth of the matter is the area we live in most around us are way more affluent and contract with lawn services and landscapers/own their own snow-blowers for the winter so the usual options are not relevant. We are in Hamilton County, OH.

Thanks...marlo54

 

[seniorjudge]

Hello All -

Can anyone advise me what is the statute of limitations for juvenile criminal damaging from the time of sentencing for the restitution...my son was ordered to pay, but since he was too young to get hired anywhere at the time, I must make the payments until he can, and I can be sued if the victim doesn't feel I am paying quickly and consistently. Normally would not have been a problem but this winter's heat bills are taking their toll on a one-income family...he has now applied for work at the local grocers', about the only business that will hire fourteen year olds...waiting to be called...the usual response and certainly the courts was that "he can find something" but the truth of the matter is the area we live in most around us are way more affluent and contract with lawn services and landscapers/own their own snow-blowers for the winter so the usual options are not relevant. We are in Hamilton County, OH.

Thanks...marlo54

The statutes on limitations is, among other things, a statute telling the government how long it has to file a criminal charge. It stops running the day the charge is filed.

 

[marlo54]

Statute of Limitations - Ohio

Thank you for your expeditious reply. I hope I am understanding correctly. The prosecutor made it seems as though if the victims did not receive their restitution within a certain amount of time they could sue me to collect. My son was actually sentenced on the charge Oct 2005. I am trying to ascertain how much time must elapse before they can no longer sue civily to collect, although I plan to keep making payments until he can work steadily, but it does not look as though I can maintain that during the winter months due to the high heating costs.

Thankyou, Marlo54

 

[seniorjudge]

Thank you for your expeditious reply. I hope I am understanding correctly. The prosecutor made it seems as though if the victims did not receive their restitution within a certain amount of time they could sue me to collect. My son was actually sentenced on the charge Oct 2005. I am trying to ascertain how much time must elapse before they can no longer sue civily to collect, although I plan to keep making payments until he can work steadily, but it does not look as though I can maintain that during the winter months due to the high heating costs.

Thankyou, Marlo54

There is no statute of limitations on a court order.

 

[marlo54]

Statute of Limitations - Ohio

OK, then. If I am understanding you correctly, then that means they (the victims) can have an unlimited time to sue civily to collect should they so choose.

I am trying to get clarification because as it is I am struggling not only with the high winter heating bills/mortgage, etc, but to keep Chapter 13 payments current and any other burden would be devastating at this point. I could not make the scheduled restitution payment in Dec or this month and it is just kind of stressful wondering if they will get the inclination to litigate.

Thank you for your responses.

Marlo54

 

[Ohiogal]

OK, then. If I am understanding you correctly, then that means they (the victims) can have an unlimited time to sue civily to collect should they so choose.

I am trying to get clarification because as it is I am struggling not only with the high winter heating bills/mortgage, etc, but to keep Chapter 13 payments current and any other burden would be devastating at this point. I could not make the scheduled restitution payment in Dec or this month and it is just kind of stressful wondering if they will get the inclination to litigate.

Thank you for your responses.

Marlo54

Why don't you make him go get a job as a paper boy? There are sixth graders that do that job. There is NO reason why he can't hop on his bike and do that. And yes the victims can sue. And no this cannot be discharged in bankruptcy. Why you are paying is beyond me -- you should NOT be bailing your son out of the damage he caused.

 

[stealth2]

Actually, in most places that I know, they rarely hire kids to deliver papers - it's all adults and done by car.

Your son is old enough to babysit, dog walk, pick up dog poop for people who let their dogs out in the yard, etc. In addition, this lists the allowed occupations for minors between 14 & 16 http://www.dol.gov/dol/allcfr/Title_29/Part_570/29CFR570.34.htm . Surely there is something on that list that he can find, if he applies himself.

 

[outonbail]

Have him chop wood, then you wouldn't have to pay for gas or electricity to heat your house!

 

[Ohiogal]

Actually, in most places that I know, they rarely hire kids to deliver papers - it's all adults and done by car.

Your son is old enough to babysit, dog walk, pick up dog poop for people who let their dogs out in the yard, etc. In addition, this lists the allowed occupations for minors between 14 & 16 http://www.dol.gov/dol/allcfr/Title_29/Part_570/29CFR570.34.htm . Surely there is something on that list that he can find, if he applies himself.

Well I live in Ohio and seriously there are a LOT of kids around here that do that. I figured if I am in Ohio and kids do it and she is in Ohio then her kid could do it. Though I agree with the dog walk, pooper scoop and so on. But i wouldn't let a juvenile delinquent babysit my child. Which if the kid has a court order against him then he is a delinquent in my book.