What is a "Writ of Restitution"?
153955
It is an order issued by the court after a reversal of judgement.  It states that the sheriff must restore the disputed item to the defendant, or the proceeds if it was sold.
336231
likely some jail time, considering the amount in question.  since it's the 1st offense, i wouldn't say it's a significant am't of time.  restitution is a given, and probation thereafter...at least 18 mos.
576778
California has a Victim Compensation Fund, www.boc.ca.gov/Victims \nThe perps may be required to pay restitution, but don't hold your breath.  Contact the DA's office to see what the progress of the criminal case is.  They are going to need your Dad as a witness.\nIt is possible that the entity operating the complex might be liable, although your question does not give me any ideas how.  If the responsible entity is a government entity, your father must file a claim with that entity within six months (180 days) of the incident.  If the responsible entity is not a government entity the deadline for filing a lawsuit is one year from the incident.  Seek legal advice as soon as possible.
547328
Well, I didn't even know what a writ of replevin was until I read this question, so I've at least learned something.\n\nAnd according to one of the other posters, I doubt that's really what you need anyway (although I just did some research on writs like this, and I don't know if I agree with that other poster).\n\nI'll make some guesses here:\n\nThe cops took your gun for some reason.\n\nYou want it back.\n\nThey're refusing to give it back (??)\n\nIf they took it as evidence, chances are slim that you'll get it back until the reason it's evidence has been adjudicated.  In other words, if they took it from you because you were doing something with it you shouldn't have, then once that case is taken care, you have a chance to get it back.\n\nIf they took it for some kind of "safekeeping" reason (we do that in California), then I'd assume there's some kind of law on that subject in your state and you need to educate yourself as to what it says.\n\nIn any case, it could be that a court has ordered the weapon forfeited, and you're probably not going to be getting it back.\n\nBottom line is I think you're asking the wrong question.  To ask a better question (how do I get my gun back from the cops?), and get better answers, you need to tell us what state you're in, why it was taken, and what the cops are doing about not returning it to you.  Could be that a writ is the entirely wrong way to go about this.
798870
The plaintiff was supposedly guilty of some crime, or immoral act, and should not be allowed to benefit from it.\n\n"A legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had 'unclean hands,' the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment. Unclean hands is a common 'affirmative defense' pleaded by defendants and must be proved by the defendant. Example: Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. Goodenough proves that Hardnose had shown her faked estimates from subcontractors to justify his original bid to Goodenough."
792836
In law, a WRIT is a formal written order issued by a public body with administrative or judicial jurisdiction. In modern usage, this public body is normally a COURT. Warrants, prerogative writs, and subpoenas are types of writs, but there are many others.\n\n \nThe writ of HABEAS CORPUS means 'let us have the body'. It is a writ issued to a detaining authority to produce the detained person in court to know cause for detention. If the detention is found to be illegal, the court issues an order to set the person free.\n\n \nThe writ of CERTIORARI is one of the writs issued by the High Court or the Supreme court to protect the Fundamental rights of the citizens. It is issued to a lower court directing it that the record of a case be sent up for review with all the files, evidence and documents with an aim to overrule the judgement of the lower court.
1121538
yes......such as medical, trespass, insurance? what exactly do you need to know?\na TORT is a civil wrong for which the victim receives compensation in the forms of damages.
349784
Most stores require a "restitution" payment, regardless of the criminal outcome of the case. Whatever they charge, someone has to pay. I suggest you pay it and have your son work to pay you back in some way.
292572
It depends on the reason.  A city is considered part of the state so unless there is a state law allowing it, or a federal law passed by Congrees expressily waiving the states/cities immunity they can't be sued.  What issue are you trying to raise?  That would allow us to define an answer.  Also if this is in regards to an order of the court, that order must be appealed on the grounds you are arguing about.  ie due process in deciding the case, you can't sue, you can only appeal the courts decison and argue that due process was not applied.  The appeals court can then decide to agree with you and order a new trial, issue a new order, amend the existing order or disagree with you and keep the original order in place.
651838
the legal term is Recant her statement.
96256
Criminal prosecutions are handled by the government, so private individuals do not "sue" in criminal cases.  The simply request the government to file charges and the prosecutor decides whether or not criminal charges are warranted.  However, a person can be charged with a crime and sued privately for money damages by the victim.\n\nSuppose you have an employee that embezzled money from you.  This has actually happened to some of my clients.  The prosecutor could charge them with theft.  If convicted, the person might be put in jail and could also be ordered to pay restitution.  You could also sue and get a judgment for the stolen money, allowing you to go after the employee's assets.\n\nOnly the government can bring criminal chages, but that doesn't prevent you from bringing a civil suit.
935725
Putting the law into one's hands is the predicament when the justice system fails.  Vindication is sometimes attained not in the courts but executed by the victim or relatives.
1134902
Yes, this will vary considerably by state.\n\nIn California, the situation you're describing here is probably already past the criminal stage.  You said the victim is showing an effort to pay back the damages, but I'm guessing you meant the suspect.  If the victim and suspect have entered into ANY kind of arrangement for restitution, that would normally shoot down any kind of criminal prosecution and the parties would be referred to small claims court if things go sideways later.\n\nAgain, in California, if the vandalism is only a misdemeanor, the time limit would be one year.  You're going to have to tell people what state you're in to get a better answer.
444172
some believe that repentance is enough some require some sort of restitution still others are not happy unless the offender is punished in some ways you have punished yourself enough direct restitution is not possible repentance will have to do good luck and above all be happy
182591
Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations. It states that "no person shall be considered guilty until finally convicted by a court". The burden of proof is thus on the prosecution, which has to convince the court that the accused is guilty beyond a reasonable doubt. In principle, the defence does not have to 'prove' anything. However, the defence will often adduce evidence which would tend to show that there is a doubt as to the guilt of the accused.\n\nConversely, in many authoritarian regimes the prosecution case is, in practice, believed by default unless the accused can prove he is innocent, a practice called presumption of guilt. Many people believe that presumption of guilt is unfair and even immoral because it allows the strategic targeting of any individual, since it's often difficult to firmly establish proof of innocence (for example, it's often impossible to establish an alibi if the person is home alone at the time of the crime).\n\nIn many countries belonging to the Anglo-Saxon legal tradition, the Principle of Presumption of Innocence is phrased such that "the accused is presumed to be innocent until it has been declared guilty by a court". This abbreviated form neglects the point that a person may continue to appeal a decision, and will be presumed innocent until a final decision is made. Therefore people who have been found guilty in lower courts of law, but have pending appeals, cannot have their citizen's rights (such as to vote and to be elected) stripped nor can they be permanently removed from their offices, but merely suspended.
442211
I believe you're looking for "writ of assistance." A writ is a legal term.\n\nwrit - A court's written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act.\n\nwrit of assistance - A writ to enforce a court's decree transferring real property, the title of which has been previously adjudicated. (There are additional, historical meanings that are slightly different.)\n\nThe definitions are from Black's law dictionary.
1052106
I got the following information from http://www.uscriminalcheck.com/faq_Ans.htm\n\nWhat does "Deferred Adjudication" mean?\nAdjudication is an agreement between the defendant and the courts to clear the charge from the docket. For this to occur, the defendant has agreed to complete some sort of arrangement, such as a fine, community service, etc. If the defendant fails to hold up their end of the agreement, then he or she will be convicted of the charge and sentenced accordingly. \n\nDeferred Adjudication is generally not considered a criminal conviction.