What is Restitution for Criminal Cases?

 Posted on September 30,2024 in Criminal Defense

On July 25, 2024, a young Chicago-area man was ordered to pay more than $1 million in restitution to one of two Illinois State University students who were badly injured when the man’s speeding car crashed into them. The man’s criminal defense case involved a guilty plea to a felony charge of aggravated reckless driving causing great bodily harm.

Seven other charges were dismissed as a result of the guilty plea. The young man who hit the two students was also sentenced to 30 months probation and 177 days in jail, which will not have to be served so long as he complies with all terms of probation. Both students were taken by helicopter to Carle Foundation Hospital, and both sustained critical injuries.

Although restitution is more often implemented in theft, retail theft, and similar offenses, it is also used as it was in this case - to compensate the victim of a reckless driver. If you have been accused of a criminal offense and part of your sentence may involve restitution, speaking to a Joliet, IL criminal defense attorney from Law Office of Eric J. Blatti, P.C. can be helpful.

What Is Restitution?

Although we often think of restitution as something that only affects the victims of a crime, as one method of delivering justice, restitution also has a big impact on defendants. Restitution can become a significant factor during the sentencing phase when the offender is ordered to compensate the victim for his or her losses.

The compensation ordered by the court and paid by the offender to the victim is meant to cover financial damages suffered by the victim because of the criminal offense. Although restitution is a legal requirement for some offenses, it can also be a way for an offender to take responsibility for his or her actions. As with most issues, the issue of restitution is not as cut and dried as it might appear.  

Challenges and Considerations When Restitution is Ordered

The burden of proof for determining restitution lies with the victim of the offense. The victim is required to provide evidence of his or her financial losses resulting from the crime. The criminal defense attorney for the defendant will scrutinize the evidence, ensuring the claimed losses clearly connect to the offense charged. Defendants can experience challenges associated with an order to pay restitution.

A defendant's limited financial capabilities can make it difficult to meet these obligations, particularly if court fines and fees are also part of the sentence. An experienced defense attorney will gather comprehensive financial documentation to illustrate the defendant’s ability to pay restitution, even advocating for alternative payment plans that consider the defendant’s income and other obligations.

How Much Could Restitution Cost?

As noted, the victim of a crime must provide evidence of his or her financial losses. This means the amount of restitution the defendant must pay can vary significantly, depending on the nature of the crime, the victim’s losses, and the defendant's financial situation. Evidence will be presented during the sentencing phase, including receipts and other documentation that proves the victim’s losses and the defendant’s financial situation. Restitution is intended to align with the actual costs incurred by the victim, meaning the "usual" order of restitution can range from a few hundred to several thousand dollars. If the defendant can prove limited financial capabilities, the court may allow a payment plan that allows payment over time.  

Contact a Will County, IL Criminal Defense Attorney

When you need unwavering support and strong guidance after being charged with a criminal offense, you can rely on Law Office of Eric J. Blatti, P.C.. Attorney Eric J. Blatti has experience working as a public defender, benefiting those charged with a crime from his solid relationships with attorneys and judges. When you choose a Joliet, IL criminal defense attorney from Law Office of Eric J. Blatti, P.C., you have taken an important first step toward the best outcome possible. Call 815-744-2500 to schedule a free consultation to discuss your charges.