October 7, 2024 By Paul Wallin

What Is Restitution And How Does It Work?

Facing criminal charges can be a daunting experience, especially when you hear terms like “restitution” thrown around. If you’re accused of a crime, it’s crucial to understand what restitution is, how it works, and when it can be ordered. This blog post aims to demystify restitution in criminal cases, providing a comprehensive guide tailored for individuals like you who find themselves navigating the state’s legal system.

In the following sections, we’ll explore the concept of restitution, its beneficiaries, and the various scenarios in which it can be ordered. We’ll also break down the factors that influence the amount of restitution, how to request or contest it, and provide a case analysis to illustrate its application. By the end of this post, you’ll have a clearer understanding of restitution and why it’s essential to be well-informed about it.

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 phone consultation with one of our restitution attorneys near you.

Understanding Restitution and Its Beneficiaries

Restitution serves as a financial compensation mechanism designed to reimburse victims from losses stemming from criminal activities. Restitution is a crucial component of the criminal justice system, ensuring that victims are not left to bear the financial burden of crimes committed against them.

Restitution benefits victims directly, covering various costs such as medical expenses, lost wages, property damage, and other financial losses resulting from the crime. It’s a way to restore some sense of normalcy to victims’ lives, helping them recover from the impact of the offense.

For accused individuals, understanding restitution is vital because it forms part of the penalties you may face if convicted. Being aware of how restitution works can help you better prepare for legal proceedings with your experienced criminal restitution lawyer and manage your financial obligations effectively.

When Restitution Can Be Ordered in Criminal Cases

Restitution can be ordered in a wide range of criminal cases, from minor offenses to serious felonies. The court typically orders restitution as part of the sentencing process, ensuring that victims receive compensation for their losses.

In cases involving property crimes, such as theft or vandalism, restitution may cover the cost of repairing or replacing damaged property. For violent crimes, restitution can include medical bills and counseling expenses. Even in cases of fraud or embezzlement, restitution aims to return stolen funds to the rightful owner.

It’s important to note that restitution is not limited to cases where there is a direct financial loss. Courts can also order restitution for non-economic damages, such as emotional distress or loss of companionship, depending on the circumstances of the case.

Factors Considered When Determining the Amount of Restitution

Several factors come into play when determining the amount of restitution in a criminal case. The court takes into account the nature and extent of the victim’s losses, ensuring that the compensation accurately reflects the harm caused by the offense.

One key factor is the direct financial loss suffered by the victim, which can include medical expenses, property damage, and lost wages. The court will review evidence provided by the victim, such as bills, receipts, and estimates, to calculate the total amount of restitution.

Furthermore, the court may take into account the defendant’s ability to pay when setting the restitution amount. While the primary goal is to compensate the victim, the court also recognizes the importance of imposing a manageable and realistic financial obligation on the defendant.

How to Contest the Amount

If you are an accused individual contesting the amount of restitution, you have the right to challenge the evidence presented by the victim. Your Wallin and Klarich criminal defense attorney can appear at the restitution hearing to present your case, providing compelling evidence and strong arguments to dispute the claimed losses. During the restitution hearing, both parties can present their evidence, and the judge will make a final determination on the appropriate amount of restitution. It’s crucial to be well-prepared for this hearing by having a skilled restitution lawyer, as it can significantly impact your financial obligations following a conviction.

Case Analysis: People v. Daffeh

In 2017, Baboucar Henri Daffeh was charged with taking a vehicle without consent. The victim asked the prosecutor’s office for $440 to cover losses, personal items, and travel expenses to court. However, no documentation or evidence of the losses was included in the appellate record, nor did the prosecutor notify Daffeh about the claim before his probation ended. Daffeh pleaded no contest, and the plea form left out any mention of restitution. The trial court accepted his plea and reserved the right for restitution during sentencing but did not specify any payment as a probation condition. Daffeh’s probation ended in 2021, and as he sought to dismiss the charges, the prosecutor objected, stating victim restitution was still on the table. Despite the prosecutor failing to raise the issue before Daffeh’s probation ended and no restitution order being made, the court agreed with the prosecutor that Daffeh’s failure to pay was a probation violation. Daffeh appealed this decision.

The appeals court reversed the trial’s court decision. According to Penal Code Section 1203.4(a)(1), if a defendant has completed all probation conditions, the court must allow the defendant to retract their guilty plea and dismiss the charges. In Daffeh’s case, the court determined that restitution was not a probation condition and disregarded the prosecutor’s claim that reserving the issue imposed a condition. Since Daffeh met all probation requirements and was never ordered to pay restitution, the decision to deny his dismissal request was reversed.

Contact Wallin & Klarich Today  

If you have been accused of a crime and ordered to pay restitution, you need to contact our restitution attorneys at Wallin & Klarich to protect your legal rights. Our law firm has over 40 years of experience fighting for our clients’ freedom. Our attorneys at Wallin & Klarich have helped many clients ensure they receive great outcomes in their criminal restitution 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.

Our firm, Wallin & Klarich, has offices all over Southern California: Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, 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 phone consultation with a skilled defense attorney near you.

Paul Wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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