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If convicted of property damage in Mexico will paying the amount of the damages prevent a jail sentence?
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Re: Paying for damages in lieu of jail time
That's up to the prosecutor. Ask him. -
Re: Paying for damages in lieu of jail time
In Mexico the law can be brokered, at the agreement of the aggrieved and the prosecutor.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Paying for damages in lieu of jail time
It is better to indemnify the loss made by you through a deal rather than a case, so that you can avoid a criminal record.Comment
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Re: Paying for damages in lieu of jail time
Restitution is not the same as facing the criminal charge.
If a crime was committed the prosecutor decides if and how to prosecute that crime.
Restitution may or may not occur separate from the prosecution of the crime.
But of course if somebody is paid for the damage they are less likely to keep complaining and pushing the prosecutor to act! And the prosecutor is more likely to believe justice has been served.Comment
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Re: Paying for damages in lieu of jail time
Is this the same in the US?
If you are charged with property damage, will paying for the damage help make them drop the charge?
I have a 5500 dollar property damage charge (malicious damage to a vehicle) I am facing in Arizona.Comment
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Re: Paying for damages in lieu of jail time
Anything's possible but it would be up to the prosecutor and the victim.
Criminal damage to property in amounts between $2000 and $10,000 is a Class 5 Felony punishable by up to two years in prison plus fines and restitution.
If it was my car you would have to pay me the $5500 in cash, in full, plus an amount to cover the diminished value of my car, or I'd insist that you rot in prison.Comment
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Re: Paying for damages in lieu of jail time
Does restitution have to equal the amount of the damage or can it be a lower amount as well?
For example I am not sure I would have the full property damage amount to pay back?Comment
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Re: Paying for damages in lieu of jail time
It's up to the prosecutor, there is no one answer to that.
But generally it must be pretty close to the actual loss suffered by the person.Comment
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Re: Paying for damages in lieu of jail time
...plus a penalty beyond that for purposeful, willful bad behavior, if any.Comment
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