law terminology help?

[fasterblaster09]

long story short- guy stole my car months ago and car was recovered next day with blown motor and audio gone. I paid to replace motor and what not. I get a call last week saying that his attorney wants to meet today for a plea bargain, anyone know what in the world this is?? They had me bring in all of the receipts from the motor and such the other day, but idk if this is court or what. thanks, neil

[Quad18star]

Trying to get it settled rather than going to a trial. He'll plead guilty to a lesser charge than what he would be facing if it went before a Judge.

[fasterblaster09]

so they will probably try to bargain with me on the money thing that he would have to pay me? I sure ain't dropping no charges without my money he owes me..

[Quad18star]

He may try and say that he'll pay for the damages .. but for you to drop the charges of theft , or something like that.

[quad2xtreme]

It is not court. His attorney wants to work out a deal with you to keep you from pressing charges and appearing in court.

My advice, don't settle on anything if you don't have the money in hand. You shouldn't assume any risk. If the guy doesn't have the money then ask the attorney to front the money to you and his client can have an IOU to him instead of you. Or, he can borrow the money from a bondsmen (they do loan money for other purposes and you don't want to owe these guys money and not pay).

If you don't get the money first and don't press charges, then you can find yourself in the position of trying to sue him for the money that he already agreed he owed you. You won't be able to go back and press charges at this point because you already released him from that based on the IOU. If the attorney likes him so much, let him pay you the money and let the guy owe him money.

[mxduner]

Originally posted by quad2xtreme
It is not court. His attorney wants to work out a deal with you to keep you from pressing charges and appearing in court.

My advice, don't settle on anything if you don't have the money in hand. You shouldn't assume any risk. If the guy doesn't have the money then ask the attorney to front the money to you and his client can have an IOU to him instead of you. Or, he can borrow the money from a bondsmen (they do loan money for other purposes and you don't want to owe these guys money and not pay).

If you don't get the money first and don't press charges, then you can find yourself in the position of trying to sue him for the money that he already agreed he owed you. You won't be able to go back and press charges at this point because you already released him from that based on the IOU. If the attorney likes him so much, let him pay you the money and let the guy owe him money.

Excellent advice. I'm sure your outta money and sick of this ,but would anyone suggest him get his own attorney? either way dont trust that lawyer! they are slippery snakes!!!
i had my quads stolen and recovered (trashed) i was suppose to get a grand back, which barely covered the tow storage and estimates, and never got a penny.TONS AND TONS of phones calls to the county for a couple years and NEVER seen a single penny.BE VERY VERY CAREFUL! good luck bro

[scuzz]

Yeah, I'd make them pay you back 100% before the trail date or it would be a no-go.

Actually, I would just go to trail. It's this person's fault you're going through all of this now. Make him pay his debt to society too.

[Quad18star]

Another suggestion ... get yourself some legal advice.

[scuzz]

Originally posted by Quad18star
Another suggestion ... get yourself some legal advice.

Best advice yet.

[popo]

Better yet, use your tax dollars and contact your local district attorney

[fasterblaster09]

yeh the DA did handle everything, I didn't have to go in. The DA called and asked if I agreed with the restitution and what not. But they didn't ask about dropping the charges? So thats fine with me. IF he does pay monthly like he is ordered too, then I will come out about a grand ahead. But I doubt he will pay everything. He has a year to pay me $2500 and pay his fines and what not. So we'll see how that goes:confused: . Oh yeah and he was sentenced to a few years probation (or parole idk). He would def. go to jail if he didn't pay right?

[quad2xtreme]

You should ask the DA this question now.

Why are you taking payments on an IOU? If the state wants to give this guy a deal then the state should pay you and let him owe the state money. You got screwed.

[reptikes]

Originally posted by quad2xtreme
It is not court. His attorney wants to work out a deal with you to keep you from pressing charges and appearing in court.

My advice, don't settle on anything if you don't have the money in hand. You shouldn't assume any risk. If the guy doesn't have the money then ask the attorney to front the money to you and his client can have an IOU to him instead of you. Or, he can borrow the money from a bondsmen (they do loan money for other purposes and you don't want to owe these guys money and not pay).

If you don't get the money first and don't press charges, then you can find yourself in the position of trying to sue him for the money that he already agreed he owed you. You won't be able to go back and press charges at this point because you already released him from that based on the IOU. If the attorney likes him so much, let him pay you the money and let the guy owe him money.


It don't work like that. They are going to add your total up and add it to his fines, court costs, and (yours) restitution. You have no part in him taking a plea. You getting your money first means nothing to the D.A. or Judge. They just want a conviction and a plea saves them from spending money to go to trial to find you guilty, you plead guilty and get a better deal. And the county probably don't need you to press charges, if you would drop the charges the county would pick them up anyway.


And if he wouldn't pay your restitution, its contempt of court and he goes to jail. I know all this first hand.

[quad2xtreme]

Not sure why the guy's attorney called saying he wanted to work out a plea arrangement.

I gave feedback based on a personal situation. My shed got robbed. Neighbor saw who did it and told me. I called Police and told them what happened and where the kid lived. Police show up at my door 2 hours later. Kid admitted to doing it. Police said I can press charges or not. It was up to me. He also said the kid's dad offered to cover the cost of anything that was stolen. I said ok and went to the dad's house with the cop. I got the cash and nothing happened to the kid.

In this case, the guy got arrested. He could either go to court saying not guilty or plead guilty to a lesser charge. I figured the owner of the car had a say in whether the charges stuck or not. Figured if they could work something out then perhaps the charge/arrest would be dropped.

Still weird that the attorney for the kid wanted to talk to him today about a plea arrangement then isn't it?