Probation involves restitution; ins fraud involved

[pa_ak]

What is the name of your state? AK

I am trying to figure out what, if anything, can be done in regards to restitution my fiance has been ordered to pay. The details of the case are very lengthy but essentially he pled no contest after sitting in jail for 7 months and being told by his public defender she had to drop him because she had to represent the boyfriend of his accuser's daughter. As part of the agreement, he pled no contest to criminal mischief in the third which is a Class C Felony in AK. BTW, daughter's boyfriend admitted he caused the damage but no one would listen but that is another story.

As part of the plea agreement, my fiance was ordered to pay restitution which was for insurance deductibles. When reading through the paperwork after reporting his accuser to the ombudsman of our city, I realized his accuser claimed the same damage his insurance paid a claim for in 2005. After speaking with his insurance company this morning, it was verified that his accuser was indeed paid for the claim. The estimate included in the original restitution judgment reads exactly the same as the damage paid by his insurance company in 2005. Original damage occurred 8/2005; restitution paperwork claims 4/06.

Can anything be done to have the $200 autoinsurance deductible removed from his restitution since his insurance company had already paid for it? Currently his insurance is contacting his accuser's insurance to do whatever insurance companys do. As a further note, his accuser recently claimed he was "stalking" them and he was able to refute every claim accuser made and has proven accuser lied in petition and in open court concerning certain incidents. However, because of this "conviction" judge granted order based on past conviction. There are other things going on concerning all this but am hesitant to give too much information.

FYI, the original accusations came about after my fiance told his accuser he didn't want to have a relationship anymore. Yes, he had been warned to be careful regarding this individual and wishes now he had listened. Thanks in advance for any suggestions or recommendations.

 

[lizlaw32]

Maybe

What is the name of your state? AK


As part of the plea agreement, my fiance was ordered to pay restitution which was for insurance deductibles. When reading through the paperwork after reporting his accuser to the ombudsman of our city, I realized his accuser claimed the same damage his insurance paid a claim for in 2005. After speaking with his insurance company this morning, it was verified that his accuser was indeed paid for the claim. The estimate included in the original restitution judgment reads exactly the same as the damage paid by his insurance company in 2005. Original damage occurred 8/2005; restitution paperwork claims 4/06.

Can anything be done to have the $200 autoinsurance deductible removed from his restitution since his insurance company had already paid for it? Currently his insurance is contacting his accuser's insurance to do whatever insurance companys do. As a further note, his accuser recently claimed he was "stalking" them and he was able to refute every claim accuser made and has proven accuser lied in petition and in open court concerning certain incidents. However, because of this "conviction" judge granted order based on past conviction. There are other things going on concerning all this but am hesitant to give too much information.

Insurance companies generally pay damage claims, they don't generally automatically pay the victim's deductible. I don't doubt that his insurance company paid the claim, and that the claim matched what was presented to the Court. The victim likely had to pay some portion out-of-pocket, aka: the deductible. Restitution speaks to repaying a victim for his or her expenses. If you believe that the deductible was somehow paid already, then I'm sure your fiance's insurance company will be able to fax your fiance's attorney the appropriate documentation. His attorney may elect to present that evidence to the Court and ask for an amendment or modification of the original order.

I am unfamiliar with Orders of Protection in your state, but both sides are usually given the opportunity to speak on their own behalf, present evidence, etc. It sounds as if the evidence your fiance provided the Court was either not compelling enough or was simply insufficient to warrant a denial of that petition.

It is crucial that your fiance follows the order(s) of the Court, irrespective of whether he believes he has been treated unfairly. To do otherwise could very well jeopardize his freedom.