Criminal Restitution in Florida
By Jonathan Blecher on July 27, 2017
When someone is convicted of a crime in Florida, typically the penalties will involve jail, probation, community service, and fines. Depending on the facts of the case, one of the penalties may involve restitution. What is restitution?
In criminal cases, restitution may be a condition handed down by a judge. Restitution involves repaying money to a victim for their losses or damages, or it may involve the defendant contributing or donating some type of services. In the criminal sense, often defendants are ordered to “pay restitution” to their victims for the damage or loss that was caused by the defendant’s criminal behavior or criminal episode.
Restitution is covered under Section 775.089 of the Florida Statutes. Under this Section, it says, “Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03.”
When is Restitution Ordered?
In Florida, restitution is most commonly ordered whenever an innocent person suffers a monetary expense, property damage, property loss, bodily injuries or death as a direct result of the defendant’s criminal behavior. Even if a victim is killed, restitution can be paid to the victim’s estate or to his or her next of kin.
Common types of crimes that involve restitution:
- DUI accidents
- Physical assaults
- Auto theft
- Theft-related crimes
- Sexual assaults
- Destroying someone’s property
Note: If a criminal defendant is ordered to pay restitution, it does not absolve him or her of paying money towards the Crimes Compensation Trust Fund under Chapter 960.
If a defendant caused physical injury to a victim, he or she may be ordered to pay the cost of the victim’s necessary medical treatment, and this may also include any psychiatric or psychological care. The defendant may also be ordered to pay the cost of physical therapy, occupational therapy, as well as rehabilitation. If the victim was killed, the defendant can be ordered to pay the cost of the funeral and related services.
Are you facing criminal charges in Miami for an offense that may involve restitution? If so, contact my firm at once to set up your free consultation! I’m here to help!