What is Criminal Restitution?
Attorney Amanda Bynum answers your questions about criminal restitution in Arizona.
Can individuals convicted of crimes be ordered to pay monetary damages to the victims of their crimes?
In Arizona, individuals convicted of crimes are required to make restitution to any victims of crimes or to their families in homicide cases. A trial court has an affirmative duty to determine a victim’s economic loss and order restitution in that amount.
What is restitution?
Restitution is money paid to crime victims for economic loss.
What is the purpose of restitution?
Restitution is designed to make the crime victim whole. The purpose of restitution is not to punish. The objectives of mandatory restitution are both reparative and rehabilitative in nature; mandatory restitution makes the victim whole and makes the offender recognize specific consequences of his criminal activity and accept responsibility for those consequences.
What types of losses can a victim recover?
A restitution award must bear a reasonable relationship to the victim's loss. To be recoverable as restitution
The loss must be economic,
The loss must be one that the victim would not have incurred but for the criminal conduct, and
the criminal conduct must directly cause the economic loss.
A defendant is only liable for expenses that flow directly from the defendant's criminal conduct, without the intervention of additional causative factors. Restitution is not available for monetary expenses incurred as part of a routine function or for consequential damages that are too attenuated from the crime. Courts take care not to compensate victims for more than their actual loss. To do otherwise would blur the distinction between criminal restitution and recovery for ancillary damages protected by the civil jury trial.
Can a defendant be ordered to pay for a victim’s travel and attendance at trial?
Wages lost due to voluntary attendance at trial are recoverable as restitution, as are a victim's travel expenses.
What is the standard for proving restitution?
Restitution does not require proof beyond a reasonable doubt. The state has the burden of proving a restitution claim by a preponderance of the evidence. The government must prove that a particular loss would not have occurred but for the conduct underlying the offense of conviction and that the causal nexus between the conduct and the loss is not too attenuated either factually or temporally.
How much restitution can be ordered?
Restitution shall be ordered in the full amount of the economic loss as determined by the court and in the manner as determined by the court.
How is Restitution Paid?
Restitution is paid to the court clerk for disbursement to the victim and is a criminal penalty.
What should you do if you are facing criminal charges involving Restitution?
Hiring an attorney can be a good idea when facing criminal charges and possibly having to pay restitution. An attorney can help you navigate the complex legal system and ensure that your rights are protected throughout the process.
One of the main benefits of hiring an attorney in a restitution case is that they can help you argue for fair and reasonable restitution. Without an attorney, you may not know how to argue against an excessive or unreasonable amount of restitution effectively. Your attorney can help you challenge the prosecution's arguments and present evidence to support your case, which can help ensure that you are not ordered to pay more than what is fair and reasonable.
Additionally, an attorney can help you negotiate a payment plan or settlement agreement that is manageable and does not put an undue financial burden on you. They can also help you understand your legal obligations regarding restitution and ensure that you meet all your requirements, such as making timely payments.
Overall, hiring an attorney can help you protect your rights and ensure that you are not unfairly burdened with an excessive amount of restitution. They can provide you with valuable legal guidance and representation throughout the process, which can help you achieve a more favorable outcome in your case.
Amanda Bynum at AJB Law Firm, LLC is an experienced criminal defense attorney in Tucson, Arizona. She helps criminal defendants reach just outcomes in their cases. If you are facing criminal charges in Arizona, contact Amanda Bynum today.
