Restitution is a key component of criminal cases involving theft in New Jersey. If you are facing criminal charges, it’s imperative to understand all of the potential penalties you can face upon a conviction, including restitution. Please continue reading to learn how restitution is determined and how a skilled Bergen County Criminal Defense Attorney can assist you during this difficult time.
What is Restitution?
Generally, a victim or the family of a victim of a crime in New Jersey can be repaid for losses that resulted from a crime. This is done through restitution. Essentially, this is a type of reimbursement that a perpetrator may be ordered to pay to victims as part of their sentencing after a conviction. These funds are intended to restore the victim to the position they were in before the crime. It holds the offender accountable for the financial losses they caused. Restitution is very common in theft crimes, which involve victims suffering a direct financial loss. Depending on the unique circumstances of a case, a judge may order restitution if they believe it’s necessary to compensate the victim and rehabilitate the defendant.
How is Restitution Collected?
In a theft case, as part of a criminal sentence, a judge might order that the victim or the victim’s family be paid restitution for expenses related to the crime. These expenses may include lost income, medical bills, funeral costs, the value of stolen or damaged property, loss of business, and other related debts. When restitution is part of a judgment, the court will decide how much, to whom, and over what period the money is to be paid out. The judge will consider whether the crime involved multiple victims, other debts, and if the payer is employed.
Once restitution has been ordered by the court, the defendant is legally obligated to pay the victim the monetary value of the stolen items. Essentially, they must reimburse the victim for the losses incurred due to the crime. While fines and other financial penalties are paid to the government, restitution goes directly to the victim. Few offenders can pay the restitution ordered in a lump sum. As such, a judge can typically establish a payment plan.
It’s important to note that New Jersey has enacted the Comprehensive Enforcement Program (CEP) which helps courts ensure compliance with court orders including restitution. The court can garnish the offender’s wages, place a lien on their property or assets, and more to ensure they fulfill their court-ordered requirements.
If you were involved in a theft case in New Jersey, understanding your rights and obligations after a conviction is crucial. At The Law Offices of Carl Spector, we are prepared to help you navigate your options. Connect with our firm today for legal advice and skilled representation.
