Oppinion needed on restitution in a theft case

So 3-4 months ago My buisness gets hit, about 6k in tools and damage to the building.

3 days ago saw a item on Craigslist and eventually nab all 3 college kids who confess. One is even in School for law! They are arrested and out on bail.

How do I gauge buisness loss for the two weeks I was down?

 

Average of your gross per week for the previous month or 2 would seem fair.

 

For workers compensation loss I have to back 6 mos and average all base income, then overtime, then bonuses. I would go back over the previous two years and review your total income for those months.

Depending on the parents financial state, you might be able to settle out of court with less hassle and more money than insurance will give you. Not saying it is right but if they are willing to pay to make the situation go away it is an option.

 

Pretty sure it's gone further than that, all 3 were arrested on 3 felony counts each..

 

I would also look at reimbursement for any replacement tools you bought during the time yours were on vacation.

I will say, that you have much more restraint than I do, given that situation.

 

I had this happen to me about 20 years ago.
I was awarded nearly 12k in restitution from the 3 then 17year olds who had numerous previous burglary convictions, one of which at my location just the year prior. That time I was alseep on the couch upstairs when they broke in, I doubt they expected to face an angry pissed off business owner holding a .45 once they got in.

Anyways this second time they hit my place and the one that restitution was ordered, while they were in county custody about 3 months after the ruling I recieved exactly 1 payment of about $40 and never saw another dime. Once they were released the county did nothing to try and get me the payments...big shocker

At any rate, street justice was better and sending one to real prison for several years and one to the hospital was much more satisfying. I have great customers and friends who can be quite proactive in such a deal.

My point, if you can collect out of court it will likley get you the funds, whereas a court ruling really doesn't mean dick.

 

Friend of mine got robbed more than 10 years ago, guy stole guns and then crossed state lines. There was court ordered restitution, to this day he hasn't seen a dime.

 

If the offenders are under court ordered "probation", you might have a chance at collecting. But the supervising agency will get their cut before you get yours... bureaucracy being what it is. I think you can formally request terms at the sentencing phase.
The irony is as a "victim"... its a royal pain in the fucking ass to get any satisfaction and a good beat down goes a long way versus a judge with limited time.

 

If restitution is a bigger concern to you than a conviction, have a meeting with the prosecutor and let him or her know that. Be sure to have an itemized list of the items taken and fair market value for each. You can tell the prosecutor that you would be willing to have them reduce or even drop the charges on condition that restitution is paid in full in advance.

Also, ask about pre-trial diversion. This is where essentially they go on probation before any conviction and and the case is put on hold (for lack of a better term.) It will then be a condition of their pre-trial diversion to pay the restitution in full and probably do other stuff like community service etc. If they perform all their conditions, the cases are dropped. It's a pretty common way of resolving cases involving first time, young, non-violent offenders. It's often a win-win for the victim as well as the young dumb-asses. It's the ultimate carrot on a stick.

 

Dits, can FMV mean the cost to replace with new under these circumstances?

 

At the end of the offenders supervision period (probation) any unpaid restitution is sent to " central collection" where it then would become a civil matter for you to pursue.

In MD, they call that a probation before judgement. I would pursue this avenue as better way of recouping any money. Especially since the offenders may still have willing parents to assist them. Definitely a win-win for all involved as long as the dumbasses can pay.

Good luck!

 

I've dealt enough with courts to know that guys pretty much never pay..

However the odds on this one are good.

- All 3 in the bunch attend Liberty University, the largest evangelical christian college in the world. $$

- Two have spotless records (none)

- 1 has underage drinking from 4 months ago.

- They all confessed

- Judging from their Facebooks, they Have a pretty good life. Out of country vacations, Deep sea fishing in Mexico, all have new cars.

 

IMO, letting them off the hook(Criminal) just because they have $$ is the wrong thing to do.

 

I agree, but 6k in tools isn't chump change and can't be covered by everyone that easily.

 

Since I don't know what type of business you're in, this will be general info

Business Income loss looks at a P/L sheet from the bottom up.

Meaning, net profit plus continuing expenses yield the loss. This should be everything but Cost of Goods Sold in your case.

Take a few months prior P/Ls, project what you would have made that month and calculate from there.

Then, don't forget to add in any time you spent handling the claim, getting new tools, etc at your normal hourly rate to your calculation.

If these guys are in private college, they are dependents of their parents. Go after the parents for restitution. Definitely go for convictions on all 3, felonies if they don't bargain it down.

That will keep that one turd from ever becoming an attorney

Also, you should appeal to the parent's Christian beliefs. If they have confessed, then they should be ready to make restitution right away.

 

No doubt. But the OP needs to determine if his motivation is justice or getting his money back.

 

Sick as it is, I'm going to cash out. There is no other way. Johnny, john, and Edwill owe mom 10k All three. I am done bieng a forgiving nice type of guy. The last 15 years taught me all about that.

 

Beats getting hosed for a loss.