How to Recover Money from a Criminal
My question involves criminal law for the state of: Connecticut.
On the night of May 22, 2011 inside Foxwoods Casino Parking garage I was a victim of an assault and vandalism to my vehicle (1997 BMW M3). I was punched in the face several times, chased around parking garage and had my car kicked by the defendant several times causing over $1600 in damages. The Casino Unit police arrived and apprehended the individual and charged him with:
53a-181 BREACH OF PEACE 2ND DEG B Misdemeanor
53a-116 CRIMINAL MISCHIEF 2ND DEG A Misdemeanor
53a-61 ASSAULT 3RD DEG A Misdemeanor
The incident was caught on camera (obviously its Foxwoods) and there is absolutely no doubt that he was the perpetrator. Before his first court date I faxed to the district attorneys office a copy of the estimate I received from body shop (over $1600).
He has had numerous court dates since including today. I was told by the Victim Services lady that the district attorney is completely on my side and taking a vigilant approach to this case. The district attorney offered to lessen his charges if he took a plea agreement and paid complete restitution.
Two weeks ago I was summons to court in Massachusetts where the defendant lives. It was a probation violation hearing due to the incident with me and a separate arrest as well. I told the PO how I felt expressing that being reimbursed was the most important thing. They extended his probation another year instead of violating him. Part of his stipulation is that he settles in Connecticut (my case which is currently open) as well.
Today he showed up to court with his court appointed attorney and I was hoping he would take the deal and settle. Turns out he is playing hardball with the DA and they took away their offer to lessen the charges and gave him a new court date again (2 weeks from now).
I know this person is not going to pay me or the courts any money to fix my vehicle.
I know that he has been arrested many times and has done time in the Massachusetts DOC. I also know that he has money, bank accounts and lives comfortably. It seems as if CT court is trying their best to help the victim (me) but if this kid doesn't pay up there is nothing they can do.
I would like to know what my best options now... I have been waiting months for the court system to play out and to no avail. I feel like he will just take everything to trial (where they undoubtedly would find him guilty) and still not pay any restitution.
Other than settle this myself (which I plan on doing if I never get paid) what else is there for me to do? Will small claims help me at all? Will hiring an attorney help at all?
Thank you for reading my long post and thank for the helpful responses!
Any response will be appreciated.
Re: from Victim in Assault/Vandalism Case
It is easiest after conviction, but get an attorney and sue him for your damages.
Re: from Victim in Assault/Vandalism Case
Would I have to sue him in small claims if its under $1700? Am I able to represent myself without an attorney?
Would I have to sue him in CT court or a court where we live (Massachusetts)? Thanks for the answers!
Re: from Victim in Assault/Vandalism Case
Very often a lawsuit will be met with a motion for stay by the defendant, based upon the unresolved criminal charge. I suggest you also discuss the matter with the prosecutor before you file suit as, if they intend to call you as a witness, that can affect cross-examination and potentially form a basis for an attack on your motives and credibility.
Re: from Victim in Assault/Vandalism Case
Concentrate on getting the criminal conviction. If you have to pursue this in a civil action that criminal conviction is a slam dunk win in a civil matter.
Re: from Victim in Assault/Vandalism Case
It is best to sue him for the damages as the whole incident was caught in the camera and there is no doubt that he was the perpetrator.