Restitution vs Civil issue

[diem]

What is the name of your state? Indiana

Hi, I was arrested for a DUI in 2006. I ran into a fence causing around $6,000 in damage. The police officer who had a grudge against me said I had no insurance when infact I did. The judge ordered me to pay that amount in restitution within a year. I DID have insurance and just submitted the claim to my insurance. They said they will pay it.

The owner of the fence is my towns street department. I called to see if the insurance company had contacted them and they had not. The guy in charge was a jerk at that. He stated that he'll just have to call the prosecutor to discuss this and isn't waiting around for an insurance check. I told him he'd have to. I am scheduled to be off of probation in 2 weeks.

Since it has been turned over to insurance and they said they will pay the claim, wouldn't that make that amount only a CIVIL matter rather than a LEGAL matter? I don't want my probation violated at the last minute over something like this.

 

[seniorjudge]

Q: Since it has been turned over to insurance and they said they will pay the claim, wouldn't that make that amount only a CIVIL matter rather than a LEGAL matter?

A: No. The restitution is either paid or it is not paid. If it is not paid, then you are in violation of your probation and could go to jail. If it is paid, then you are not in violation of your probation.

Period.


End of story.


Even if.

 

[diem]

Okay, well say my probation is violated over this. It carries a maximum 1 year sentence (6 months in Jail). Say I did 6 months in the county Jail; how would they then pursue the restitution?