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Criminal Law/Replacing damaged property

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Expert: - 5/3/2008


Question
Hi how are you?
My brother broke someone's mirror of f their car when  he was being stupid and drunk.
Anyway, he was under investigation and the charges were dropped. under the condition that he would pay for the mirror.

The person whose property that was broken
is saying it will cost 600.00 dollars to replace.
I found the mirrors online for 30 bucks a piece.

By the law
Is he required to replace the mirrors at their discretion or can he replace them him self.
or can he just give them the parts?

Is he required to pay the outrageous price of 600.00 or can he make them shop around.

Also one of the mirrors just popped off and it looks as if it was glued on before. it can be fixed with some caulk
is that allowed under the law?

Also if they dropped the charges and he pays to have the damaged property fixed and my brother pisses the kid off again, can he just re-file the charges?


Thanks for your time,

Mike


Answer
Mike,

Find a competent auto repair shop and find out how much it will cost to have the mirror replaced on that make and model of car.  Get a written estimate for a professional repair.  Send the information to the victim along with a check and be done with it.  Trying to get of paying or taking the cheap way out will only prolong the agony.  Like you said, your brother was being drunk and stupid.  What would you expect if you were the victim?  Make it right by making the victim whole. Even if it costs $600.  The police did not charge because your brother agreed to privately pay for the damage.  That is a good deal.  If your brother refuses to pay the police have the option to file a citation or the victim can privately prosecute.  

Considering that an arrest would result in additional fees plus the cost of repair why would your brother hesitate?  You know what is right here.  Make it happen.  Don't forget that the victim is also being inconvenienced by having to drive with a broken mirror(s)which is an equipment violation in most states (which he can be charged with) and the time it takes to effect the repair (at least one-half to one  full day.

             
Best of luck.

JP  

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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

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