Navigating a criminal case in New Jersey necessitates a clear understanding of the potential outcomes and penalties is paramount to safeguarding your future. One critical aspect that often arises in criminal proceedings is restitution. If you are unfamiliar with this term, please continue reading as we explore what it entails and why it’s in your best interest to connect with a dedicated Bergen County Criminal Defense Attorney for guidance.
When is Restitution Ordered in a Criminal Case?
In a criminal case, restitution is a court-ordered repayment by an offender to a victim to compensate them for losses incurred as a direct result of the crime. This can encompass a wide array of damages, including lost income, property damage, medical expenses, and more. The primary goal of restitution is to repair the harm caused to the victim and help them recover to their pre-crime financial state. It can be ordered in addition to other penalties, like fines and incarceration.
It’s important to note that the court will consider the defendant’s financial resources when determining the amount and payment schedule. The implications of this penalty can extend far beyond the immediate financial burden. Restitution can have long-term effects, impacting a person’s credit scores, future employment opportunities, and even eligibility for certain licenses or benefits. It can lead to financial difficulties in meeting obligations and legal repercussions for non-compliance.
In some cases, victims can also pursue a separate civil case against the defendant for their non-economic damages, along with restitution. This is because restitution generally doesn’t cover non-economic damages such as pain and suffering.
How Can It Be Enforced?
When the court orders restitution, it becomes a legally binding order, meaning it must be followed under penalty of law. The Financial Litigation Unit (FLU) is responsible for enforcing these payments in New Jersey. For those on probation or parole, restitution payment can be a condition of their release. Failure to comply can lead to the revocation of your conditional freedom and a harsher sentence, including incarceration.
Restitution in criminal cases can be enforced through various methods. For incarcerated defendants, a portion of their wages may be garnished to contribute to payments. Generally, restitution can be enforced through income withholding, interception of tax refunds, contempt of court charges, seizing assets, or placing liens on property.
Given the potential consequences of a criminal case in New Jersey, securing skilled legal representation is not just advisable, it’s essential. At The Law Office of Carl Spector, we are prepared to help you negotiate payment plans, explore options for reducing or modifying the amount, and represent your interests in court. Connect with our firm today for guidance and skilled representation.