Can my case be overturned?

UPDATED: Jul 13, 2012

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Can my case be overturned?

I was ordered to pay victim restitution for putting dent in car door. I later found out that victim had separate accident yet included my damage in a false insurance claim with her car insurance company to get all damages fixed.

Asked on July 13, 2012 under Criminal Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you can successfully overturn the restitution order that you are subject to depends entirely upon whether you have filed a timely notice of appeal which typically is required within sixty (60) days after the notice of the order has been served upon you.

If timely filed, then you have to show that there was a prejudicial error of law. If more than sixty (60) days have passed since the restitution order and you have not filed a notice of appeal, then you are pretty much stuck with the restitution order you are writing about.

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