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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Unhappy Can the Victim of a Robbery Sue the Parents Who Owned the Offender's Car and Home

    My question involves small claims court in the state of: California

    I was recently robbed by a group of young adults that all live at home. They have been convicted before but no restitution, I had over 50k in computers stolen and even though a few parties admit to taking items the majority of my goods are gone for good it appears. They are all living at parents homes, or driving parent owned cars in the commission of this act. Can I file to get restitution from the parents? They had to know what was going on, some items were even stored at a parents home. Please help me, all of my xmas gifts, money, computers (which is my livelyhood) are gone, and I am being threatened with my life if I even press charges (which I did). Any help would be appreciated.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Can the Victim of a Robbery Sue the Parents Who Owned the Offender's Car and Home

    No, you cannot sue the parents .. maybe your insurance will cover this loss?

  3. #3

    Default Re: Can the Victim of a Robbery Sue the Parents Who Owned the Offender's Car and Home

    are all living at parents homes, or driving parent owned cars in the commission of this act....They had to know what was going on
    Did the state also charge the parents with "conspiracy to commit"? If there was proof that the parents knew, that would have followed. How will you prove that the parents had foreknowledge of what the perpetrators were doing? Remember, court is about PROOF. Do you think the young adults said "mom, dad, can I use your car to commit a couple of crime", and the parents, with full knowledge, said yes? Think you can prove that to a jury? Supposing that they "knew", and PROVING that the knew are worlds apart in the legal setting of the courtroom - but all is not lost....

    Can I file to get restitution from the parents?
    You can ask, but you're not likely to get an order against the parents. You have a MUCH better chance of getting restitution ordered against the ACTUAL perpetrators, and having that restitution ordered as part of their sentence if they want to stay out of jail for violating the judge's order. If the perps were legal adults, and not minors, they and only they are responsible for their actions.

    You can also sue in small claims court, but even winning such a judgment is a crap shoot at best as far as ever COLLECTING on that order, since at the end of the day they aren't likely to have any assets that you could ultimately seize if they refuse to pay (another reason why restitution is generally much more preferable to a civil claim, all else being equal). If they give you the finger over the civil claim, you'll spend more to pursue them that you're likely to collect, but with the restitution order, youv'e got the criminal system to help lay some smackdown if they don't comply.

    I am being threatened with my life if I even press charges (which I did).
    Time to nofity the prosecutor's office of the threats - threats and intimidation against a witness in a criminal case is serious business and the state needs to know this is occurring (ie they may want to bring additional charges against them).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,463

    Default Re: Can the Victim of a Robbery Sue the Parents Who Owned the Offender's Car and Home

    You can only obtain criminal restitution from people who are convicted of crimes, so if by "Can I file to get restitution from the parents" you mean as part of their adult children's criminal prosecution, the answer is no.

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