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Abeyta v. State3/21/2002
re that a private settlement with a victim would extinguish a restitution order without endorsement by the court and State. Uniformly, courts hold that a civil settlement or release does not absolve the defendant of criminal restitution. State v. DeAngelis, 747 A.2d 289, 294 (N.J. Super. 2000). We hold that private parties cannot simply agree to waive the application of a criminal statute. We do not see any legislative intent to tolerate privately negotiated end runs around the criminal justice system, and we, therefore, reject Abeyta's claim that the district court was required to allow the civil liability settlement to satisfy its restitution order. Affirmed.
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