Suppose you are convicted of a misdemeanor or felony offense, and the victim of your crime sustained some form of loss. In that case, the court will generally order you to pay restitution to the victim to recover those losses. Paying victim restitution will be a condition of your probation.
Victim restitution is the right of victims of crime to receive compensation from the individual or entity who committed a crime that resulted in harm to the victim or a member of their family. Common California crimes that might require victim restitution include fraud, theft, robbery, DUI causing injury, and more.
It's important to note that for a victim to receive restitution, there must be a conviction in the case. This could be the result of a plea agreement, a no-contest plea, or a guilty verdict at trial. The victim is required to inform the court, prosecutor, or probation department about their loss, ensuring a fair and transparent process.
According to California law, a “victim” is defined as someone who suffered some type of physical, psychological, or financial harm or the family or businesses of those harmed.
A “loss” most often includes lost wages, doctor and rehabilitation expenses, lawyer fees, and the cost of repairing damaged property. It should be noted that victim restitution in criminal cases is much different from filing a civil action or a personal injury claim.
For instance, victim restitution in criminal cases is normally ordered within a short period of time after the conviction, while most civil claims can take many months or years. In addition, in a personal injury lawsuit, the attorney will receive a substantial portion of the recovery, but not in criminal cases.
Our Los Angeles criminal defense attorneys have provided an overview below to give readers some useful information about victim restitution law.
Victim's Compensation Fund in California
Victim compensation is money sent from the offender to the victim. The judge could also order the offender to pay a fine called “general restitution.” The money will be sent to the California Victims Compensation Fund.
The amount the judge will order the offender to pay depends on the type of crime committed and will normally range from $100 to $10,000. The money is primarily designed to compensate victims of violent crime and to help cover the cost of relocation, medical, and rehabilitation expenses.
How Courts Determine Amount of Victim Restitution
A crime victim is entitled to recover the full amount for “reasonable” expenses or losses. At a defendant's sentencing, the judge usually orders the defendant to pay the victim restitution, which is considered a condition of probation.
The court will schedule a future date for a restitution hearing to determine the amount the defendant will owe the victim. It should be noted that some criminal charges against the defendant might be dropped as part of the plea agreement.
In such cases, the court will accept a Harvey Waiver from the defendant, allowing the victim to recover restitution as a sentence for a dropped criminal charge. A Harvey Waiver is a legal agreement that entitles a victim of a crime to get restitution for any dismissed count connected to the case. This waiver ensures that the victim is not left uncompensated due to dropped charges.
Crime victims can still collect restitution from the defendant, even if they have insurance reimbursement. This support is designed to empower victims, although the insurance reimbursement will be deducted from the defendant's restitution obligation.
If the amount of restitution is not known at sentencing, the victim and defendant will return to court later to address restitution issues. The prosecutor is primarily responsible for communicating with the victim on their restitution claims, ensuring they are supported and informed throughout the process. The final amount will be decided at a restitution hearing, but the victim could amend the amount later if more losses are discovered.
Victim Restitution Hearing
As stated, in situations where the victim doesn't know the amount of their losses at the defendant's sentencing or if the defendant decides to challenge the amount ordered, the court will then hold a victim restitution hearing.
The victim has the burden of proof to show that the defendant's conduct caused their losses. They must be able to prove that the behavior was a significant factor in their loss and that the claimed expenses are, in fact, legitimate.
As stated, common victim losses include medical bills, lost wages from work, and the cost of repairing or replacing their property. Typically, a victim can prove their losses by giving court statements and other types of documentation verifying claimed losses. This stand of proof is commonly known as a “preponderance of the evidence,” meaning it's more likely than not.
In a situation where the victims don't have documentation, they are permitted to give the court a verbal explanation to describe what they believe is a loss. If the defendant decides to challenge the amount of restitution, then they have the burden of proof to show the court that the amount is not appropriate.
Payment of Victim Restitution
After the court decides how much victim compensation the defendant has to pay, it's now considered a condition of their probation sentence. The court has the discretion to order the defendant to pay the victim the full amount in just one payment, or they could order the defendant to set up a monthly payment plan.
In some cases, the court could order the defendant to make the payments directly to the probation department, which will then send the money to the victim. In cases where the order restitution is a large amount, the court could allow the defendant to make monthly payments throughout the entire period of their probation.
In cases where the defendant fails to pay court-ordered restitution, the victim could inform the prosecutor, who will then make the court aware of the situation. The court might issue a violation of probation and schedule a probation violation hearing. If it's determined there was a willful failure to pay victim restitution, it could result in additional penalties, such as some time in jail. This underscores the seriousness of the obligation to pay victim restitution.
If the defendant doesn't have the money to pay the restitution, the court could schedule an ability-to-pay hearing.
If the defendant makes claims they don't have the funds to pay restitution, the court could even order them to find employment. The court might also extend the defendant's probation period to ensure the victim receives full compensation.
Contact Cron, Israels & Stark for Help
If you were charged with a crime that may involve victim restitution, or you were already ordered to pay restitution, call our Los Angeles criminal defense lawyers to review the details and options.
We have decades of combined experience in criminal law and know how to obtain the most favorable outcome on your criminal case. It might be possible to reach some type of civil compromise on your case. We serve clients throughout Southern California, including the San Fernando Valley.
Cron, Israels & Stark is a criminal law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We have another office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401.
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