When you are accused of a crime, you may anticipate a jail sentence and difficulty finding employment due to your criminal background. However, you may not anticipate just how expensive a conviction can be. In addition to your legal fees, you’ll also find a number of state-imposed fines and fees. In addition, you may be ordered to pay restitution to the victims of your crimes. If you’re unsure what restitution is or how this payment is determined, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with a Cobb County criminal defense lawyer to help you fight for the best possible outcome.
When Do I Have to Pay Restitution and What Does It Cover?
When you are convicted of a crime for which there is a victim who suffered financial losses as a result of your actions, the court can order you to repay the victim. This is known as restitution. The main goal of this payment is to restore the victim to the same financial circumstances they were in before the commission of the crime.
Victim restitution can cover several financial losses, including, but not limited to, the following:
- Property damage
- Medical bills, including medical equipment and ambulance costs
- Funeral expenses (if the victim is deceased as a result of the crime)
- Counseling and mental health services
- Lost wages if they must take time off work
In addition, any further out-of-pocket expenses can be included in these payments, such as the cost of hiring a locksmith to replace locks, contractors to replace doors or windows, fees associated with changing phone numbers, and even crime scene clean-up.
How Is This Amount Calculated?
In general, the cost of restitution is calculated by determining the value of the damages inflicted by the crime. It’s imperative to understand that the amount is based on a number of circumstances, including the full cost of damages endured by the victim, the ability of the convicted party to pay, the defendant’s financial gain from the crime, and the victim’s impact statement.
However, you should note that restitution does not prevent the victim from taking you to court to file a civil claim against you. This allows them to seek non-economic damages, such as mental anguish, loss of enjoyment of life, insomnia, and anxiety, as a result of your criminal actions.
You should also note that restitution differs from fines. When you are ordered to pay a fine, it will go to the government, while restitution goes to the victim, their insurance company, or even a state restitution fund.
As you can see, the criminal justice process can be incredibly expensive. As such, if you are charged with a crime, it’s in your best interest to connect with an experienced criminal defense attorney with Miller Law Practice, LLC. Our firm understands how difficult these matters can be, which is why it is our goal to fight for the best possible outcome for your circumstances. Contact us today to learn how we can guide you through this process.