<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by bmayer:
My brother-in-law who lives in Kansas was assulted by a man in Arizona while working for a trucking company. The man who assulted him also worked for the same company. Workmans Comp is paying the bills for the injuries right now and the State of Arizona has a case against this man. The company kept asking my brother to drop the charges against this man and when my brother refused, the company found a reason to let him go. My brother ended up having surgery on his shoulder for a torn muscle where this guy had beaten him. He has not been able to work since November of 1999 and it will be several weeks yet before he can work. Now the Prosecuting attorney has my brother confused about what will happen when they go to court. Can my brother receive money for his lost wages and expenses during this ordeal or will he have to file a civil case? Shouldn't they make this guy pay damages to my brother in a criminal case? Please help clarify!
Thanks<HR></BLOCKQUOTE>
My response:
When someone is a victim of crime, there is no way to pay the victim back for the pain, loss of dignity, loss of privacy, fear of re-victimization, and other injuries that often occur. But compensation and restitution may be available to pay funeral costs, medical bills, counseling expenses, lost time from work, costs to repair or replace property, etc. A victim of crime (or the victim's estate) may bring a civil tort action against the offender to obtain reimbursement for these costs. However, there are expenses, delays and inconveniences associated with bringing a civil lawsuit. There are two basic ways that the government may help a victim obtain reimbursement for these losses without bringing a private civil action. These methods are a court order of restitution and crime victims compensation programs.
Restitution
When a person commits a crime, it is his or her moral duty to pay the victim back for monetary losses the victim suffers as a result of the crime. When this moral duty is transformed into a legal obligation, it is called "restitution". Restitution is an available remedy to the courts of every state in the United States and of most countries around the world. In some jurisdictions, the court is required to order restitution if the offender is convicted.
In some jurisdictions, restitution is not automatically ordered. If you are a crime victim, you may have to make a request for restitution. In other jurisdictions, it may not be necessary for you to make a request but you may be required to provide information and documentation. If you do not promptly provide the information upon request, you may lose your right to restitution. Worse, if the person in charge of obtaining the information from you cannot find you, you may lose your right to restitution. Accordingly, it is important that you contact the victim advocate or prosecutor's office where the crime took place to find out more about your right to restitution as soon as you hear anyone has been charged with the crime.
For more information contact the prosecutor's office where the crime took place or read Restitution Legislation by the National Victim Center, which provides an overview of the restitution laws in the United States.
Crime Victims Compensation
In every state in the United States and in many countries around the world, the state does not allow the crime victim to bear the costs of crime alone. Rather, the costs of crime are spread throughout the community through programs designed to pay medical bills, counseling expenses, cost to replace or repair property, etc. If the offender is later successfully prosecuted, he or she may be ordered to pay restitution to the governmental agency that paid the victim compensation. However, these programs attempt to ensure that victims receive the help they need whether or not the offender is caught and convicted of the crime.
The eligibility and filing requirements vary from jurisdiction to jurisdiction. Also, there are usually time limits for filing. So, it is important to file promptly. Consult the program for the jurisdiction where the crime took place or the prosecutor in charge of your case for more information.
ARIZONA LAWS:
11-538. County attorney victim compensation fund; exemption from lapsing
A. The board of supervisors may establish a county attorney victim compensation fund in the county treasury consisting of monies that are distributed pursuant to section 12-286, subsection D. The county attorney in cooperation with the board of supervisors shall administer the fund.
B. The county attorney shall use monies in the fund to assist eligible victims of crime with medical, counseling and funeral expenses and lost wages. The rules of the Arizona criminal justice commission adopted pursuant to section 41-2405, subsection A, paragraph 8 applies to the eligibility of crime victims for compensation.
C. The county attorney shall annually submit to the board of supervisors the fund balance and the amount of revenues that the county attorney projects will be available in the fund for the next fiscal year.
D. Monies in the fund shall be used to supplement, not supplant, monies that would otherwise be available to assist victims of crime.
E. Any monies in the fund remaining unexpended and unencumbered at the end of the fiscal year do not revert to the county general fund.
41-2407. Victim compensation and assistance fund
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of victim compensation monies collected pursuant to section 12-116.01 and distributed pursuant to section 41-2401, subsection D, paragraph 14, victim assistance monies collected pursuant to section 31-411, subsection E, section 31-418 and section 31-466, subsection A and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime. Not more than fifty per cent of the monies distributed statewide for victim assistance shall be allocated to the governmental agencies or public officers specified in section 41-2404, subsection A and to the governmental agencies or public officers specified in section 41-2404, subsection B.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41- 2405, subsection A, paragraph 8.
41-191.06. Victims' rights program
A. A victims' rights program is established in the criminal division of the attorney general's office. The program shall establish and administer an annual plan for assisting and monitoring state and local entities that are required to implement and comply with victims' rights pursuant to title 8, chapter 3, article 7 and title 13, chapter 40. The plan shall provide for the disbursement of victims' rights fund monies, for audits of state and local entities that receive fund monies and for other forms of assistance that further uniformity, efficiency and compliance by state and local entities that are responsible for ensuring crime victims' access to justice.
B. The attorney general may employ administrative and other personnel that the attorney general deems necessary to administer the victims' rights program.
41-2407. Victim compensation and assistance fund
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of victim compensation monies collected pursuant to section 12-116.01 and distributed pursuant to section 41-2401, subsection D, paragraph 14, victim assistance monies coll
