Restitution is an important component of criminal cases, especially ones involving theft. If you are facing criminal charges related to theft in New Jersey it is important that you understand all of the potential penalties associated with a conviction, including restitution. To obtain skilled legal representation and advice, reach out to an experienced Bergen County theft attorney today.
In a criminal case, especially one involving theft, restitution is a form of reimbursement that a criminal offender may be required to pay to victims as a part of their sentencing after a conviction. Depending on the crime committed the victims affected may have suffered economic loss so restitution is awarded as a way to compensate them. Besides theft cases, fraud, violent crimes, and cases where the victim suffered a financial loss often require restitution.
Restitution serves as a way for victims to receive some or all of the financial losses that they sustained as a result of the crime, allowing them to recover from their losses. It is also used as an additional way to penalize the defendant and hold them accountable for the harm that they caused.
Restitution is generally ordered by the court as part of the defendant’s sentencing after they are convicted of theft. The amount is based on the value of the property stolen, any damages resulting from the offense, and other related losses like the costs to repair items. Depending on the situation restitution can also be used to cover medical expenses, lost wages, or other costs related to the accident if the theft causes physical injury.
To determine the amount of restitution owed the court must assess the victim’s losses. This can be done through the submission of various pieces of evidence, such as receipts of purchases, insurance claims, appraisals, documentation of the damage done, and more. For example, if the defendant stole a television, the victim can submit proof of purchase and photographs to establish the value of the device.
While the value of the stolen property is important, the defendant’s ability to pay is also considered. Courts will take into account their financial situation, employment status, other fines required, etc.
Once restitution has been ordered by the court, the defendant is legally obligated to pay the full amount to the victims. Fines and other financial criminal penalties are paid to the government, but restitution is given directly to the victim. However, collecting restitution can be challenging if the offender refuses to make payments.
New Jersey implemented the CEP (Comprehensive Enforcement Program) to ensure defendants cooperate with court orders including restitution. In addition, the court could garnish the offender’s wages, put a lien on their property or assets, and more.
If you were involved in a theft case, it is important to understand your rights and responsibilities after being convicted. Work with an experienced defense attorney for skillful representation during your case.
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