Understanding Restitution Orders in California
When facing criminal charges in California, defendants often focus primarily on potential jail time, probation terms, and fines. However, another critical component of many criminal sentences is restitution—a court-ordered payment to victims for losses resulting from the crime.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
What Is Criminal Restitution?
Restitution is a monetary payment ordered by the court to compensate victims for economic losses they suffered as a direct result of criminal conduct. Unlike fines, which are paid to the government as punishment, restitution goes directly to the victims to make them whole again. California law strongly favors victim restitution, and judges have broad authority to order defendants to pay for various types of losses.
What Losses Can Be Included in Restitution?
California courts can order restitution for a wide range of economic losses. The guiding principle is that victims should be fully compensated for losses that are directly and proximately caused by the defendant’s criminal conduct.
Common types of compensable losses include medical and dental expenses, mental health counseling costs, lost wages or income, property damage or loss, funeral and burial expenses in homicide cases, and costs associated with identity theft or fraud. In domestic violence cases, restitution may cover relocation expenses, temporary housing costs, and expenses related to obtaining restraining orders.
The court may also order restitution for interest on loans victims had to take out to cover crime-related expenses, security measures installed as a result of the crime, and even attorney fees in certain circumstances.
How Is the Restitution Amount Determined?
The process of determining restitution begins with the victim submitting documentation of their losses to the probation department or prosecutor. This documentation might include medical bills, repair estimates, receipts, pay stubs showing lost wages, and other proof of economic harm.
The probation department typically prepares a report recommending a restitution amount based on the victim’s submission. The defendant has the right to challenge the amount requested and present evidence regarding the actual losses or whether those losses were directly caused by the criminal conduct.
At a restitution hearing, the prosecution must prove the amount of the victim’s loss by a preponderance of the evidence—a lower standard than the beyond-a-reasonable-doubt standard used to prove guilt. Once the court issues a restitution order, it becomes enforceable as a civil judgment, meaning victims can use collection methods like wage garnishment to recover the amount owed.
Ability to Pay and Payment Plans
While the court must order restitution regardless of the defendant’s ability to pay, judges do consider financial circumstances when setting payment schedules. Defendants who cannot pay the full amount immediately may be granted payment plans extending over months or years.
However, inability to pay does not eliminate the obligation. Restitution orders remain enforceable for many years, and failure to make court-ordered payments can result in probation violations, extended probation terms, or other consequences.
Challenging Restitution Orders
Defendants have the right to contest both the amount and scope of restitution. Common challenges include arguing that certain losses were not directly caused by the defendant’s criminal conduct, disputing the amount of the claimed loss with contrary evidence, or demonstrating that the victim has been compensated through insurance or other sources.
Working with an experienced criminal defense attorney is crucial when facing restitution issues. An attorney can review the victim’s claim for accuracy, gather evidence to challenge excessive or unrelated demands, and negotiate reasonable payment terms.
Contact Wallin & Klarich Today
If you are facing a restitution order, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
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