If you were involved in a criminal case in any capacity, understanding the possible outcomes and penalties, including restitution, is crucial in protecting yourself and your future. For more information and skilled legal advice, contact a Bergen County criminal defense attorney today.
In a criminal case, restitution refers to court-ordered payments made by an offender to a victim as compensation for financial losses that they sustained as a result of the crime. One of the most common legal penalties for a criminal conviction is fines, but those fines are paid to the government as punishment for the defendant.
Restitution, on the other hand, is designed to help victims recover from economic harm that they suffered as a result of the criminal offense. This is an important part of the U.S. criminal justice system. The law recognizes that a defendant being found guilty does not repair the harm done to the victim. There is no way to reverse time and ensure the victim is not impacted by the offense. However, the court can award restitution to hold the offender accountable for the financial losses sustained by the victim.
Restitution can cover a variety of expenses incurred by the victim of a crime. Some of the main costs that can be reimbursed by restitution include:
The above and other financial losses directly related to the crime can be covered under restitution awarded by the court. It is important to note that restitution does not generally cover things like emotional distress, pain and suffering, or punitive damages. Those losses can be compensated through a separate civil lawsuit.
Once the court orders restitution, it becomes a legally enforceable obligation of the defendant. The individual will be required to submit payments, and the FLU (Financial Litigation Unit) is in charge of enforcing the rules. If the individual is on probation or parole, paying restitution may be a condition of their freedom. If they violate this condition by failing to pay, the court can revoke probation or parole and impose a stricter sentence, including incarceration.
If the defendant is incarcerated, parts of their wages can be garnished and put toward payments. In general, restitution can be enforced by income withholding, tax refund interception, holding the defendant in contempt of court, placing liens on property, etc.
It is important to note, however, that the chances of recovering the full amount of restitution are low for victims. Many defendants do not have the resources to pay victims, especially depending on the amount they owe or the number of victims they have to pay.
To learn more and secure skilled legal advice, contact a knowledgeable attorney today.
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