What is restitution in a criminal case in Florida?

Punta Gorda, FL – When a person is convicted of a crime or accepts a plea deal, there will be various conditions that are a part of their sentence. Aside from jail time, things like fines, probation, and substance abuse treatment may be ordered by the court. Judges order restitution for the purpose of compensating a victim for various losses tied to a criminal case that the defendant directly caused. This is most common in cases that involve some kind of theft or stealing, but it is also possible because of things like medical bills for car accident injuries that were part of a criminal episode such as drunk or reckless driving. More specific advice about a case where restitution has been ordered can be obtained from a local defense attorney in the county where the crime and arrest happened. 

State law for restitution

The state statute that describes court ordered restitution gives a couple of conditions for restitution [1]. First, that the damage or loss needs to be directly or indirectly related to the defendant’s criminal act. Also that the state needs to prove the amount in question by a preponderance of evidence. Much like in civil accident cases, a victim can receive restitution for costs related to medical treatment if the crime caused bodily injuries. If the restitution is not paid, the defendant may violate their probation and end up spending more time in jail, as this is treated more seriously by the government than a simple debt. 

Problems with collection

Like other debts, there can be issues with collection even if one person owes money to another. Restitution is notoriously difficult to collect.

Many victims of crimes will have issues getting a person who is incarcerated to pay for their losses. A person generally earns little to no money while in jail, and many criminal defendants simply do not have the financial resources to be able to pay their victims back appropriately. It is possible that some victims can resort to civil lawsuits to try to get compensation through the defendant’s insurance company if this is available, although there is no guarantee that a relevant insurance coverage exists for the type of act in question. 

Local criminal attorneys are available

The Law Offices of Michael M. Raheb is a criminal defense practice that works with clients in the Punta Gorda, Florida area. People who need help after an arrest can contact the firm for advice and representation. 

USAttorneys.com is a site that lists legal professionals in every state of the country. Anyone who is searching for a licensed attorney can call 800-672-3103 for help.

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com

Sources: 

1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.089.html