Criminal Trials, Hearings How to proceed with criminal property damage case?

[Llimer360]

Jurisdiction

Wisconsin

A family member/cohabitant has (admittedly) destroyed my property and I am going through home and auto insurance claims. I have a few questions about how I should proceed, and the "restitution and victim notification" form. If I decide not to press charges (the estimated damage easily exceeds felony damage) and the case is dropped (I assume this would happen if I didn't show up to the court date, or would the arresting officer's statement the defendant admitted to some of the damage likely be sufficient for a conviction?), would the insurance company possibly reject the vandalism claim? They asked for the police report # when both claims were made.

Also, on the restitution/victim form, I can list property damage $. The insurance adjuster says they will go after the defendant for $ including attempting to get my deductible back. If there is no damage that is not covered by insurance, is requesting restitution redundant, or does that allow the state to assist in recuperating $ for me/the insurance company?

There is a punishment recommendation questionnaire, asking what type of punishment, or type of counseling, I recommend. Is my recommendation an important aspect of the sentencing, or is it merely a recommendation that is typically submitted in these cases and bears little in the judge's sentencing decision? If I don't fill in and submit the "impact statement" will its absence affect my testimony at court?

My goal is to recover my property damages, but since it's family and I was not physically harmed, I am largely indifferent to their incarceration (I would not want them convicted of a felony). I noticed on the circuit court website the crime is listed as a misdemeanor offense, despite the estimated damage exceeding over four times the state felony damage threshold. Does this mean they cannot be found guilty of a felony, or would submission of insurance estimates/payments/repair bills elevate the charges to felony charges? I figured their admission to some of the damage but not all of it to the police officer, was an attempt to avoid felony charges.

Thanks

 

[justblue]

A family member/cohabitant has (admittedly) destroyed my property and I am going through home and auto insurance claims. I have a few questions about how I should proceed, and the "restitution and victim notification" form. If I decide not to press charges (the estimated damage easily exceeds felony damage) and the case is dropped (I assume this would happen if I didn't show up to the court date, or would the arresting officer's statement the defendant admitted to some of the damage likely be sufficient for a conviction?), would the insurance company possibly reject the vandalism claim? They asked for the police report # when both claims were made.

Also, on the restitution/victim form, I can list property damage $. The insurance adjuster says they will go after the defendant for $ including attempting to get my deductible back. If there is no damage that is not covered by insurance, is requesting restitution redundant, or does that allow the state to assist in recuperating $ for me/the insurance company?

There is a punishment recommendation questionnaire, asking what type of punishment, or type of counseling, I recommend. Is my recommendation an important aspect of the sentencing, or is it merely a recommendation that is typically submitted in these cases and bears little in the judge's sentencing decision? If I don't fill in and submit the "impact statement" will its absence affect my testimony at court?

My goal is to recover my property damages, but since it's family and I was not physically harmed, I am largely indifferent to their incarceration (I would not want them convicted of a felony). I noticed on the circuit court website the crime is listed as a misdemeanor offense, despite the estimated damage exceeding over four times the state felony damage threshold. Does this mean they cannot be found guilty of a felony, or would submission of insurance estimates/payments/repair bills elevate the charges to felony charges? I figured their admission to some of the damage but not all of it to the police officer, was an attempt to avoid felony charges.

Thanks

What was the crime and $$ damage?

 

[Llimer360]

What was the crime and $$ damage?

Destroying all the windows/windshields and slashing the convertible top of my car, and taking a hammer to the driver door (estimated at $4200 in vehicle damage), spray painting my garage door, and various cosmetic damages to my house (totaling $2900 in estimated damage).

 

[army judge]

Destroying all the windows/windshields and slashing the convertible top of my car, and taking a hammer to the driver door (estimated at $4200 in vehicle damage), spray painting my garage door, and various cosmetic damages to my house (totaling $2900 in estimated damage).

If you want the insurance company to fund the repairs, I suggest you cooperate with the insurance company fully.

As far as sentencing, complete the form, offer your HONEST opinion, let Lady Justice do what she does.

Unless the alleged culprit has a lengthy criminal record, or does more stupid stuff bEFORE sentencing, probation with restitution is probably all the punishment he/she will receive, in addition to completing certain anger related classes and counseling.

It'll be the judge dropping the hammer, not you.

 

[adjusterjack]

If I decide not to press charges

You don't get not to press charges. You just report the crime, which you apparently have already done. Then the authorities decide whether to prosecute, which they apparently are.

and the case is dropped (I assume this would happen if I didn't show up to the court date, or would the arresting officer's statement the defendant admitted to some of the damage likely be sufficient for a conviction?),

The officer's investigation, the defendant's admissions, the scene, may all contribute to making your court testimony less critical to a conviction.

would the insurance company possibly reject the vandalism claim?

Have you read your policies? Your policies will tell you what you MUST do after a loss. Whatever is not a MUST is optional. As long as you do the MUSTs, the claim will be paid. But if making an effort to seek conviction is optional and you decide not to, that can certainly be a factor in the underwriting of your renewal. The company may be obliged to pay your claim but it has no obligation to renew your policy.

Also, on the restitution/victim form, I can list property damage $. The insurance adjuster says they will go after the defendant for $ including attempting to get my deductible back. If there is no damage that is not covered by insurance, is requesting restitution redundant, or does that allow the state to assist in recuperating $ for me/the insurance company?

The insurance companies have a right of subrogation against the defendant. They can pursue that with or without restitution. Restitution is punishment for the crime committed. It's what the criminal is supposed to pay, regardless of your insurance recovery.

There is a punishment recommendation questionnaire, asking what type of punishment, or type of counseling, I recommend. Is my recommendation an important aspect of the sentencing, or is it merely a recommendation that is typically submitted in these cases and bears little in the judge's sentencing decision?

No way for anybody to predict what any given judge will do with any given piece of information.

If I don't fill in and submit the "impact statement" will its absence affect my testimony at court?

No. Your court testimony has to do with the conviction, not the sentencing.

My goal is to recover my property damages, but since it's family and I was not physically harmed, I am largely indifferent to their incarceration (I would not want them convicted of a felony).

Then you are a fool. If any family member of mine did to my car what yours did to yours I'd want him nailed to a cross.

I noticed on the circuit court website the crime is listed as a misdemeanor offense, despite the estimated damage exceeding over four times the state felony damage threshold. Does this mean they cannot be found guilty of a felony, or would submission of insurance estimates/payments/repair bills elevate the charges to felony charges? I figured their admission to some of the damage but not all of it to the police officer, was an attempt to avoid felony charges.

No way to answer or predict.

Destroying all the windows/windshields and slashing the convertible top of my car, and taking a hammer to the driver door (estimated at $4200 in vehicle damage), spray painting my garage door, and various cosmetic damages to my house (totaling $2900 in estimated damage).

Angry lover I'm guessing.