Restitution is part of many criminal sentences and requires convicted defendants to pay money to victims. Restitution is not like civil compensation, and it may be more limited. If courts seek to impose restitution, your attorney can help you make sure it is proportional to the case. If you fail to pay, you might be in legal trouble.
Restitution may be imposed during criminal sentencing if prosecutors seek it. Restitution is usually based on the victim’s alleged economic expenses that they incurred as a direct result of the defendant’s actions. It should not include pain and suffering. Restitution may be paid over time, often in monthly installments. If a convicted defendant misses a payment, they may face consequences. Remember, you do not have to accept the terms of restitution as they are given if you believe they are unfair. Your lawyer can help you protect yourself.
For a free, confidential case evaluation from our Bucks County, PA criminal defense lawyers, call Kenny, Burns & McGill at (215) 423-5500.
How Does Restitution Work in a Criminal Case in Pennsylvania?
Restitution is an amount of money that convicted defendants are required to pay victims. Restitution may be imposed as part of a final sentence, and failing to pay is not an option.
Part of Sentencing
Although restitution is money paid to victims, it is not a civil damages award. Restitution may be imposed as part of sentencing after a criminal conviction, and is ordered by a criminal court.
Since restitution is a mandatory part of a criminal sentence, convicted defendants must pay. Failure to pay restitution may be deemed a violation of a court order, and you could face additional legal penalties.
An attorney can help you keep restitution fair and affordable. Remember, it is not necessarily required at sentencing and is usually imposed only if prosecutors specifically ask for it.
Determining Restitution
Restitution is not just a fine for convicted criminal defendants. It is based on the victim’s actual expenses incurred because of the crime. As such, it must be calculated carefully to avoid unfairly high restitution requirements for defendants.
Generally, restitution is based only on a victim’s economic costs. Pain and suffering should not factor into restitution. If you believe that the judge may impose greater restitution because the victim claims to have experienced significant pain and distress, tell your lawyer. Our Pennsylvania criminal defense lawyers can review restitution terms and challenge anything that seems unlawful or unfair.
How is Restitution Paid?
Restitution must be paid. Failure to pay may be treated as a violation of a court order, and you can be penalized.
Restitution is not paid directly to victims by defendants. Instead, convicted defendants must pay the county in which they were convicted, and the funds may then be dispersed to victims.
Additionally, restitution does not have to be paid all at once. We may arrange a monthly installment plan, and you can pay restitution like a monthly bill until it is paid in full.
Can I Challenge Restitution as Part of My Criminal Sentence?
Restitution is not guaranteed even if you are convicted of a crime. Not only must prosecutors specifically seek restitution, but victims must provide proof of their expenses. An attorney can help you challenge restitution orders that are unfounded, unfair, or unlawful.
Unreasonable Restitution
Restitution must be based on real expenses. If the court imposes restitution based on flimsy proof of expenses or based on expenses that the victim did not actually incur, your attorney should object.
Remember, we should be able to see any evidence presented by prosecutors, including evidence for restitution purposes.
Limits on What Restitution Covers
Restitution only applies to the economic expenses of the victim. This commonly includes medical bills, property damage, lost income from missing work, and various other costs. Again, prosecutors must present proof of these costs before restitution can be imposed.
Restitution should not account for a victim’s alleged pain and suffering. A particular injury does not warrant additional restitution because it was especially painful. If you believe the victim’s claims of pain and suffering are clouding the court’s judgment, your lawyer should intervene.
Missing Payments
Failure to make restitution payments may be considered a violation of probation or parole, and a person could be arrested for nonpayment. If you are short on finances and cannot make a payment, talk to your lawyer. It is best to communicate with the court directly before you miss a payment to avoid further legal penalties.
You should also talk to an attorney if you missed a payment by mistake or due to circumstances beyond your control. If you can make up the missed payment, the court may be more forgiving.
FAQs About Restitution in Pennsylvania Criminal Cases
What is Restitution in a Pennsylvania Criminal Case?
Restitution is an amount of money that convicted defendants must pay to victims. Restitution is imposed as part of a convicted defendant’s sentence. If the defendant fails to pay, they may violate the court’s order and face additional penalties.
Is Restitution a Part of Every Criminal Case?
No. Restitution is usually imposed during sentencing only if prosecutors seek is specifically. They must also provide proof of the victim’s expenses so that restitution can be calculated accurately. A court cannot and should not impose restitution if there is no evidence of the victim’s costs.
What Does Restitution Cover?
Restitution only covers economic costs that a victim incurs because of a convicted defendant’s criminal actions. Pain and suffering may not count toward restitution, even if they are significant.
Can I Challenge Restitution as Part of My Criminal Sentence?
Yes. Restitution, like all other elements of a criminal sentence, must be fair and proportional to the case. If the court imposes restitution that is greater than the victim’s actual costs or based on flimsy or no evidence, your attorney should object. If the restitution is imposed anyway, your lawyer can help you file an appeal.
What Happens if I Do Not Pay Restitution?
If you fail to pay restitution, you may be further penalized by the court for violating the court’s orders. However, if you failed to pay because of a mistake, or circumstances beyond your control prevent you from paying, tell your attorney. Your lawyer can contact the court, explain the situation, and hopefully help you avoid being penalized.
Contact Our Pennsylvania Criminal Defense Attorneys for Help with Your Case
For a free, confidential case evaluation from our Delaware County, PA criminal defense lawyers, call Kenny, Burns & McGill at (215) 423-5500.
