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Is there a condition in which a criminal case that has been dismissed still have a victim restitution hearing on calendar?

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whowetalkinbout

Junior Member
What is the name of your state? California

A friend of mine used to own his own business, it was an LLC, which has since (4 yrs ago or so) been dissolved under bankruptcy.
Last year I guess an old customer, who was notified to pick up his property, whether he did or didnt I am uncertain, filed a complaint against him and the DA picked it up filing 496(d).
Later, by motion made by DA, it shows on case info "dismissed/stricken". I do not know what stricken means, but I thought dismissed means done.
So, now all he has is the restitution hearing.
How can he still have this obligation on a dismissed case, especially when the property in question was stored with a fictitious business with limited liability?
 


Just Blue

Senior Member
What is the name of your state? California

A friend of mine used to own his own business, it was an LLC, which has since (4 yrs ago or so) been dissolved under bankruptcy.
Last year I guess an old customer, who was notified to pick up his property, whether he did or didnt I am uncertain, filed a complaint against him and the DA picked it up filing 496(d).
Later, by motion made by DA, it shows on case info "dismissed/stricken". I do not know what stricken means, but I thought dismissed means done.
So, now all he has is the restitution hearing.
How can he still have this obligation on a dismissed case, especially when the property in question was stored with a fictitious business with limited liability?
Your friend should ask his attorney.


Px Hx.
 

quincy

Senior Member
It only happens to be my friend, it is a matter of public record that I am inquiring.
It would be a felonious act to start getting into his legal affairs, as I am not an attorney, and I am no longer ignorant my actions.
I can only guess. One guess is that an agreement of some sort was reached whereby your friend admitted to some wrongdoing and agreed to pay restitution. There was no need for the case to continue.
 

whowetalkinbout

Junior Member
I can only guess. One guess is that an agreement of some sort was reached whereby your friend admitted to some wrongdoing and agreed to pay restitution. There was no need for the case to continue.
Gotta say that Quincy seems to answer my questions, after I throw a fit about the lacking. Thank you, I get the idea that doing so goes against your natural instincts...but I appreciate the trip back down to my low level, here on earth...
 

quincy

Senior Member
Gotta say that Quincy seems to answer my questions, after I throw a fit about the lacking. Thank you, I get the idea that doing so goes against your natural instincts...but I appreciate the trip back down to my low level, here on earth...
I don't understand what you are saying ... :unsure:

My "natural instinct" is to help others when I can and direct them to those who might be able to help when I can't.

I don't know if my guess at what is happening in your friend's case is anywhere close to what is actually happening. I do believe your friend is your best source for the information you seek.
 

whowetalkinbout

Junior Member
Ok, so...i retract my "natural instinct" assumption, because I didnt take note to what you replied with, i got all pissy because of a reply you DIDNT make, suggesting my friend should ask his lawyer. I apologize.
I did not want to fail to acknowledge your input, which it seems, you usually do offer input to my questions...I appreciate that.
 

quincy

Senior Member
Ok, so...i retract my "natural instinct" assumption, because I didnt take note to what you replied with, i got all pissy because of a reply you DIDNT make, suggesting my friend should ask his lawyer. I apologize.
I did not want to fail to acknowledge your input, which it seems, you usually do offer input to my questions...I appreciate that.
Thank you for the apology (which was not really necessary) and for expressing your appreciation of my efforts (which I appreciate a lot).
 

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