Restitution

Restitution is determined toward the end of a case and has many financial consequences. It is important that you have an experienced criminal defense attorney who will fight to ensure any restitution amount you are ordered to pay is reasonable. Keep reading to learn more about restitution in criminal legal proceedings.

What is Restitution?

In criminal cases, restitution is the amount of money a Defendant must pay to a victim, and it is ordered as part of a criminal sentence or as a condition of probation. A Defendant is not required to pay restitution while they are incarcerated.

Under Georgia law, the Court can decide the amount of restitution due to any victim and order a criminal Defendant to pay the victim. Some things that a Defendant can be ordered to pay aspart of restitution include, but are not limited to:

  • Lost wages;
  • Lost future earnings;
  • Hospital bills;
  • Value of the damaged property; and
  • Other costs the court deems appropriate.

Restitution Hearings

At a restitution hearing, the State has the burden of proving the monetary amount of the victim’s loss because of the Defendant’s offense. The burden of demonstrating the restitution amount the Defendant can afford to pay, and the financial needs of the Defendant’s dependents is on the Defendant.

The Court looks to 8 factors when determining the restitution amount:

  • The financial resources and other assets of the Defendant or person ordered to pay restitution, including whether any of the assets are jointly controlled;
  • The earnings and other income of the Defendant or person ordered to pay restitution;
  • Any financial obligations of the Defendant or person ordered to pay restitution, including obligations to dependents;
  • The amount of damages;
  • The goal of restitution to the victim and the goal of rehabilitation of the Defendant;
  • Any restitution previously made;
  • The period during which the restitution order will be in effect; and
  • Other factors that the ordering authority deems to be appropriate.

If the Court finds that more than one Defendant contributed to the victim’s loss, the Court can make each Defendant liable for payment of the full amount of restitution among the Defendants.

Do I Have to Make Restitution Payments Once I am Paroled?

Yes. Under O.C.G.A. § 17-14-3, if a person is granted parole by the Department of JuvenileJustice, the Department of Corrections, or the State Board of Pardons and Paroles, any restitution the Defendant is required to pay will be a condition of their parole. Restitution payments begin ninety days after a person is released on parole, and the minimum payment is $30.00 per month. However, the payment plan may change depending on the specific conditions imposed by the judge.

Payment of any restitution is also required if a person is placed on probation.

What if I Cannot Afford the Restitution Amount?

As previously noted, a Defendant’s restitution is not set without first looking at the Defendant’s ability to pay the restitution amount. Your criminal defense attorney can argue that, based on your financial obligations, you cannot afford the set restitution amount. Your defense attorney can also argue that a payment plan should be in place to ensure you can make the restitution payments.

Also, if payment of a fine or restitution is a probation condition, aDefendant’s probation cannot be revoked or withheld because the Defendant failed to pay the fine or restitution without showing that the Defendant:

  • Willfully chose not to pay the restitution amount; or
  • Other forms of punishment, aside from the fine or restitution, are inadequate.

Have Questions? Give Me a Call.

It is important that you have a passionate criminal defense attorney to advocate on your behalf. I have decades of criminal law experience, and I will advocate on your behalf at each stage of your case to make sure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call today!

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