Restitution order and restitution fines may both be ordered in a criminal case.
In many criminal cases, there is often a person who suffered a loss, such as damaged, stolen or destroyed property, medical bills, lost wages, or therapy bills. The victim of a crime may be the person who suffered direct or threatened harm from a crime, the family of the individual who suffered a loss, or potentially a business or other organization that suffered damage or other losses.
Because many crimes involve an element of loss for the victim, the legal system has come up with a way to deal with this issue: restitution. According to a San Bernardino criminal defense attorney, there are two types of restitution that may be ordered in a California criminal case. First, restitution fines are required in every criminal case. This money is paid to the state’s Restitution Fund, which helps to support the California Victims Compensation Fund. The amount of a restitution fine will vary depending on the severity of the crime, ranging from $100 to $10,000. This money is then used to provide compensation to victims of violent crimes for any services that are not covered by other sources.
In contrast, restitution is money that is paid directly to a victim by a defendant in a criminal case. The victim in a criminal case is entitled to recover the full amount for any reasonable losses or expenses. If the victim doesn’t know the exact amount of his or her loss, or if the defendant wants to contest the amount of restitution requested, then the court will hold a restitution hearing. There, the court will determine the appropriate amount of restitution. Importantly, a San Bernardino criminal defense attorney cannot negotiate the amount of the restitution with the prosecutor, as the prosecutor does not have the right to bargain away the victim’s restitution.
Generally, victim restitution is paid in installment payments. It may be paid directly to the victim, or through a local probation department. Failure to pay restitution can result in a probation violation — but only if the failure to pay was willful. If a person simply cannot pay restitution due to his or her finances, then he or she won’t be penalized. However, a judge might make getting a job a condition or probation so that the restitution could be paid.
Importantly, if a defendant is released from probation and has not completed his or her restitution payments, that amount will be converted into a civil judgment. According to a San Bernardino criminal defense attorney, a criminal conviction cannot be expunged until after all restitution is paid.
Under some circumstances, if restitution in a misdemeanor case is paid before a criminal case goes to trial, a judge may permit the parties to engage in a process known as civil compromise. The court may then release the defendant from criminal liability, and prevent the prosecution from re-filing charges for the same offense.
Restitution is an important part of the California criminal justice system, and a factor that must be considered as part of an overall defense strategy. A skilled San Bernardino criminal defense attorney can help you understand how restitution will affect your case, and whether civil compromise may be a possibility for you.
If you have been charged with a California crime, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We’ll stand by your side throughout the process, and fight for your rights.
