August 19, 2015
Consider this scenario: the defendant has stolen an expensive watch from an individual. The individual wants the watch back, but the defendant has already sold the watch and can no longer locate it. Since the court cannot order the defendant to return the stolen watch, the court instead orders the defendant to pay the the individual.
This payment is known as restitution. When an individual has to pay restitution, they are ordered to pay back the damage they caused to both the state and the victim(s). These payments are typically awarded in order to return the victim to their financial state prior to the offense that occurred and to prevent unlawful gains from the defendant.
When Is Restitution Ordered?
Restitution is often ordered in court cases involving a victim. It is typically part of an individual’s sentence, and is often read aloud in court along with any other sentencing conditions. If a court orders an individual to pay a direct order of restitution, then he or she has to provide monetary compensation back to the victim for the crime they have committed.
Do I Have to Pay My Restitution?
If an individual is ordered to pay restitution, he or she is required to pay the fines, as restitution does not go away. However, inability to pay is actually a defense to the payment of restitution in probation. If one does not pay their restitution, or make a good faith effort to pay, there could be potential consequences. These consequences will vary on a case-by-case basis.
Contact the Legal Team at the Khonsari Law Group
If you are facing any legal charges, it is important you have a team of professional attorneys on your side. The legal team at the Khonsari Law Group has the necessary experience and skills to garner the best possible outcome for your case. Learn more about the Khonsari Law Group by calling our offices at (727) 269-5300 or contact us online.