INSIDE THIS ISSUE
JANUARY 2017
It’s the Law TCSD Contacts Board Members
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TRIATHLON CLUB OF SAN DIEGO
IT’S THE LAW:
JANUARY CLUB GATHERING Featuring:
Dean Karnazes The Road to Sparta Hosted by Bob Babbitt Date, Location & Time: Wednesday January 19th 6:00 pm Location: FunctionSmart 10803 Vista Sorrento Pkwy Suite 100 San Diego, CA 92121
JANUARY CLUB DUATHLON Date/Location/Time: Jan 28th or 29th Black Mountain Refer to the Club’s website for complete information.
Member Profile Weekly Workout Calendar Congratulations IM Finishers TCSD Conversation
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Coach’s Corner New Members
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TriNews
By Richard L. Duquette, Esq.
A Victim’s Guide to Alternative Sentencing Many bicyclists and pedestrians fall victim to criminal conduct in the process of being injured. In many cases the first thought the defendant will have will not be how to compensate the victim, but how to avoid jail. And while as an injured victim your first impulse may be to seek punishment and retribution, keep in mind that your civil case is separate from the criminal case, and collecting monetary damages is more important to your long-term recovery than retribution. In some cases, a defendant sitting in prison is a lot less likely to be able to compensate an injured victim than a defendant who is able to return to work as a productive member of society. In many other cases, the real civil defendant is the insurance company, not the individual criminal defendant. In these situations, locating, communicating with, and securing the coopera-
tion of the criminal defendant is a lot easier if they are not sitting in a jail cell. This is where it helps to understand that there are a number of alternatives to jail. There are some general programs or ways to avoid jail available state wide, and each county has its own unique options. We will start with the general options. Suspended sentence or time stayed: Even if you are sentenced to jail time the court or DA can agree to stay the time or give you a suspended sentence. This means you agree to go to jail for a defined period of time but you only go to jail if you fail to complete certain terms of probation. Often times the stayed or suspended time will be more time than if you had just gone into custody, but it is a way to stay out of jail, and if you successfully complete probation you never go to jail. continued on page 12