301)  What is Restitution? ~ #HaberPA / Michael A Haber Criminal Defense DUI BUI Lawyer
Channel: Michael Haber
Date: 2019-05-20

Thanks for asking me “What is restitution”?

Restitution is generally defined as restorING something lost or stolen to its lawful owner.  FL’s restitution statute - 775.089 - applies to any victim who suffers damage or loss that’s either caused directly or indirectly by the defendant’s offense or which is related to the criminal episode.  Restitution is available to a victim or to a victim’s estate or next of kin, and it can also be ordered in favor of government entities or even insurance companies if they’ve actually paid out a claim.

In FL, if restitution applies then by statute it MUST be ordered “IN ADDITION to any other penalty that’s imposed in a given case”.  So if restitution applies and probation is a part of a sentence, then the Court MUST order restitution as a condition of probation.  The only “out” given to the Court is where the Court finds “clear and compelling reasons not to order such restitution.”

FL’s restitution statute covers a wide variety of economic losses.  These  include:  1) NECESSARY medical and related professional services and devices relating to physical, psychiatric, and psychological care, 2) NECESSARY physical and occupational therapy and rehab, 3) Reimbursement for income that’s ACTUALLY lost as a result of the offense; 4) Reimbursement for property damage or stolen items; 5) Insurance co-pays and deductibles; 6) Crime scene cleanup costs and 7) if there’s a fatality then restitution also covers funeral costs.

In FL restitution is strictly related to economic damages caused by a defendant and it DOES NOT cover non-economic damages such as pain and suffering.  While a criminal court Judge can’t order restitution for things like pain and suffering as a condition of a criminal sentence, there’s nothing stopping a victim - or the victim’s estate or next of kin - from filing a lawsuit in civil court seeking additional damages.

Thank you for your question, I appreciate your having asked it and I invite you to ask me more.  Remember, at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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