Articles Posted in Theft Crimes

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Restitution has been an issue in two cases this week. Briefly, when one person is convicted of committing a crime against another, he is liable for “restitution” or payment for the damages caused by that crime. In a theft case, this means he must repay what he is accused of stealing and any affiliated costs, like replacement goods. In an assault and battery case, he must pay for doctors bills. In a hit and run, he must pay for damages to the other car.

In the Orange County criminal courts, especially the Harbor Justice Center, restitution is handled in one of two ways. It is either spelled out as an exact dollar amount at the time of the plea bargain or “to be determined”. When restitution is “to be determined”, the criminal case file is handed over to the Orange County criminal court’s Victim Witness office, which then contacts the victim and asks them to list the damages that they suffered.

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David Letterman can sleep better tonight. Joe Halderman, the man accused of extorting Letterman for $2 million, has plead guilty. Halderman was accused of extortion after demanding $2 million from the late-night star, lest he divulge his various affairs with co-workers. Halderman’s criminal defense lawyers worked out a deal which requires that he plead guilty to felony second-degree grand larceny, spend 6 months in jail, complete 1000 hours of community service and complete 5 years of probation. Though they minimized the jail time, Halderman’s criminal lawyers could do nothing about the 27-year career at CBS that Halderman flushed down the drain with his threats.

Extortion is a curious animal. Blogs and reader comments expressing sympathy for Letterman and wanting a stiffer penalty for Halderman abound. Does extortion mitigate an extra-marital affair? Would we have felt sorry for Tiger Woods if someone threatened to expose his sordid soirees? And for the philosophically-inclined, here’s a question a friend once asked:

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