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Civil Precedent In Criminal
Summary
Civil precedents generally dont apply directly to criminal cases, but some legal principles may overlap. If an appellate court finds an error in a restitution order, it can remand the case for reconsideration. The county may owe a refund if restitution was wrongly ordered, requiring a claim or lawsuit. Rogers v. Bill Vinces, Inc. Is a civil case and may not apply to criminal restitution. Consult a legal professional for relevant precedents and tailored advice.Full Conversation
Let's break down the issue and provide some specific guidance:
Civil Precedent in Criminal Proceedings
- Civil precedents are typically not directly applicable in criminal cases, but underlying legal principles (like due process) may be referenced.
- Civil precedents are typically not directly applicable in criminal cases, but underlying legal principles (like due process) may be referenced.
Procedure for Reissued Restitution Order
- If an appellate court rules that the lower court erred, it can remand the case for reconsideration.
- The lower court will reissue the restitution order based on the appellate court's guidelines.
- If an appellate court rules that the lower court erred, it can remand the case for reconsideration.
- The lower court will reissue the restitution order based on the appellate court's guidelines.
Money Paid to County
- If restitution was wrongly ordered, the county might owe a refund.
- Steps to take:
*. File a claim with the County of San Diego Office of Revenue and Recovery.
*. If the county refuses, you may need to sue for a refund.
- If restitution was wrongly ordered, the county might owe a refund.
- Steps to take:
*. File a claim with the County of San Diego Office of Revenue and Recovery.
*. If the county refuses, you may need to sue for a refund.
Rogers v. Bill Vince's, Inc. Applicability
- This case primarily concerns civil law, which might not be directly applicable to criminal restitution.
- Further consultation with a legal professional is advised to find more relevant precedents.
- This case primarily concerns civil law, which might not be directly applicable to criminal restitution.
- Further consultation with a legal professional is advised to find more relevant precedents.
Follow-Up
Have you consulted with a local attorney about this matter? A lawyer can provide tailored advice and help you navigate the specifics of your case.
Have you consulted with a local attorney about this matter? A lawyer can provide tailored advice and help you navigate the specifics of your case.
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