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I can see how restitution can be a factor in some hit and run cases, especially if the victim will need life-long and expensive medical treatment. If the accused can't pay for a victim's life long medical bills due to a felony conviction, the State could end up having to foot the bill.
There are a few problems I see with the DA's explanation in this specific case, though: (1) you have a victim who is clearly stating the accused's ability to pay immediate restitution (through a criminal judgment at least) is NOT a concern to him, and he (the victim) likely has the means to pay for his own treatment without having to burden the State or rely on immediate restitution resulting from the criminal case; (2) the accused is likely wealthy enough that his ability to pay proper restitution is not necessarily tied to whether he is able to continue in his chosen profession with a felony conviction; and (3) the victim is not a resident of the State of Colorado and has apparently returned to his home state for treatment and rehabilitation, so the DA cannot claim he is protecting the State of Colorado and its taxpayers from having to possibly pay the victim's lifetime medical bills stemming from the accident if the accused isn't ultimately able to pay proper restitution in this case.
All in all, this case smells a little fishy for sure. And it is class-based justice, like it or not. If the hit and run driver had been unemployed or unlikely to be able to pay proper restitution through his or her given profession (say a migrant worker or illegal alien), how do you think the DA would've responded? There is no way a public defender would have been able to work out the same deal with the DA for an indigent defendant.
The real question is, will the guy actually have to pay enough money so that he (a) provides properly for the long-term care of the victim and (b) actually feels some kind of monetary pain? Or will he spend the rest of his days like O.J., hunting for the real killers on the golf course?
I get the feeling that he's laughing all the way to the bank, and that he'll get on just fine with his life, saddled only with basically a monthly alimony payment which prevents him from buying a third Mercedes.
Why wouldn't he be able to resume his high-powered money juggling career after, say, a nice yearlong vacation in prison?
Some companies wont hire people that have felony convictions, and some financial positions are regulated by the state and require a license, and won't allow convicted felons to hold those license.
Reading around other sites I found, it seems this DA has a history of this stuff.
http://abusivediscretion.wordpress.com/2010/05/08/da-mark-hurlbert-...
Dan Korn said:The real question is, will the guy actually have to pay enough money so that he (a) provides properly for the long-term care of the victim and (b) actually feels some kind of monetary pain? Or will he spend the rest of his days like O.J., hunting for the real killers on the golf course?
I get the feeling that he's laughing all the way to the bank, and that he'll get on just fine with his life, saddled only with basically a monthly alimony payment which prevents him from buying a third Mercedes.
Why wouldn't he be able to resume his high-powered money juggling career after, say, a nice yearlong vacation in prison?
Wait, isn't the insurance company of the driver going to foot the bill here? Why is everyone making it seem like the driver is going to have to pay for it himself?
I would think that even though the driver isn't charged with a felony in criminal court, he could be charged with some kind of wrongful conduct resulting in bodily injury in civil court. I suspect that Dr. Milo might have the means to pursue such a civil action. If Colorado personal injury attorneys are anything like the personal injury attorneys in Wisconsin or Illinois, this could result in a multi-million dollar settlement. Dr. Milo just needs a good litigator.
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