Criminal Restitution: Repaying Victims for Damages

When defendants are sentenced, courts can order jail time and fines. However, there are other penalties judges can impose, including criminal restitution. Court-ordered restitution requires defendants to pay money to crime victims.

Not all criminal cases will require repaying victims for damages. If you have been arrested and have questions about restitution, talk to a local criminal defense lawyer for legal advice.

What Is Victim Restitution?

Criminal restitution is a court-ordered payment to repay an alleged victim. A criminal defendant must make payments to a victim according to a court order. Failing to pay restitution can result in being held in contempt of court or wage garnishment.

The court can order restitution to compensate crime victims for any losses caused by your actions. Payment of restitution can cover economic losses, including:

• Property damage
• Medical costs
• Loss of income

• Loss of support
• Counseling and mental health care
• Funeral expenses

What Kind of Criminal Cases Require Restitution Payments?

Theft crimes and crimes involving property damage can require restitution payments. If you were driving under the influence and hit another driver, the court can require you to pay for the driver’s damages. If you are convicted of identity theft, the court can order you to repay the victim for the full amount of economic loss.

Violent crime where someone suffers serious bodily injury can also require compensation. Compensation can include payment for medical expenses and lost income for the victim’s losses. If the victim dies, restitution can include payments to family members for loss of support and burial costs.

Restitution is also a common penalty in domestic violence and sexual assault cases. Victims of violence or assault may want to seek medical care and mental health treatment after a traumatic event. An order of restitution can be used to cover medical bills, counseling, and other out-of-pocket expenses.

How Much Is the Amount of Restitution?

The amount of restitution can depend on the victim’s total financial losses. It can also depend on the victim, your criminal history, and the seriousness of the offense. The amount of restitution is generally decided as part of the sentence or plea negotiations.

Prosecutors can use victim impact statements during sentencing to show the harm done to victims. This gives them a chance to tell the court how they were impacted by a defendant’s actions and request restitution.

What Happens If You Can’t Pay Victim Compensation?

If mandatory restitution is part of your probation, failure to pay could mean you will go to jail. If you are on probation, you will generally make payments to the court. The court will then provide the money to the victim. If you are in jail or on parole, you may make payments to the correctional facility.

If you can’t afford the full restitution amount, you should contact the court for payment options. The court may allow for a payment plan to let you make the payment in installments.

If you stop making payments in violation of the court order, the court can enforce collections. The court can collect on any payments, including garnishing your wages and seizing tax refunds. The court can also charge interest on any restitution and add late fees for late payments.

What Is a Victim Compensation Program?

Crime victim compensation funds are for losses not covered by offender restitution. States have victim compensation programs to reimburse crime victims for losses that were a result of the crime. These programs can cover medical costs, victim services, and lost wages.

Victims’ compensation funds can pay a restitution amount for losses that are not covered by insurance. However, most of these state restitution funds don’t cover property damage.

Can Crime Victims Sue for Compensation?

Even if the court doesn’t impose compensation at the time of sentencing, a crime victim may have the right to file a civil lawsuit against you for damages. For example, if the crime resulted in serious injuries, they could file a personal injury lawsuit against you that you would also need to defend.

The burden of proof is also lower in civil court than in criminal court. Injury victims only have to prove you were liable by a preponderance of the evidence. This means it was more than 50% likely that you are liable for the damages.

How Can a Criminal Defense Lawyer Help?

A criminal defense lawyer can represent you in court to defend you against criminal charges. If you can avoid a conviction, you can avoid paying criminal restitution. Your attorney can also negotiate with the prosecutor to reduce criminal restitution as part of your plea bargain. For more about criminal restitution, talk to a local criminal defense lawyer.