302)  How does the amount of Restitution get determined? #HaberPA Miami Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 2019-05-20

Thanks for asking “How does the Restitution amount get determined?”

The easiest way for this to happen is for the State and the defense to agree to an amount, but, if they can’t, then the court has to conduct an evidentiary hearing and determine the amount of loss.  Per Rule 3.800(c) of the Florida Rules of Criminal Procedure, this must happen either at the time of sentencing or within 60 days thereafter.

The amount of restitution is limited to the victim’s actual loss.  So if I steal $10 cash from you and you suffer no injury then your restitution is limited to that $10 loss; but if I take that same $10 during the course of a robbery and in the process I pistol whip you in the side of the head causing injuries that require medical treatment and rehabilitative therapy, well then I’m also on the hook for those necessary costs.  

If property is taken and it is not recovered then the victim is entitled to restitution, but replacement pricing is not used; rather the “fair market value” of the item has to be established, and this is done by considering what the item originally cost, the condition of the item at the time that the loss occurred and the likely percentage of depreciation that the item suffered - in other words, if a stolen item was used then the value of the item is that of a used item, not the amount that it would cost to go into a store and buy new or similar item.

Unless the amount of loss is agreed to then, per FS 775.089(7) the State has the burden of proving the “amount of loss  sustained by a victim as a result of the offense” and the burden of proof is “a preponderance of the evidence”, or 50.0001% or simply “more likely than not”.  Of course the defense can challenge the State’s evidence and offer it’s own.

Even after the Court determines the amount of restitution the Defendant still has a right to establish proof of present & future ability to pay, as well as the effect of scheduled payments on dependents.

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:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
Cellular Phone / Text:  305-798-2220
http://www.criminallaw.miami 
E-Mail:  Sharky910@aol.com / MAH@HaberPA.com
Facebook:  www.facebook.com/HaberPA
Twitter:  @Sharky910
Blog:  http://habercriminallaw.blogspot.com/

Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami DUI Lawyer Attorney Miami DUI Lawyer Attorney 
Miami DUI Lawyer Attorney Miami DUI Lawyer Attorney
Broward Criminal Lawyer Attorney Broward Criminal Lawyer
Broward Criminal Lawyer Attorney Broward Criminal Lawyer
Broward DUI Lawyer Attorney Broward DUI Lawyer Attorney 
Broward DUI Lawyer Attorney Broward DUI Lawyer Attorney
Palm Beach Criminal Lawyer Palm Beach Criminal Lawyer
Palm Beach Criminal Lawyer Palm Beach Criminal Lawyer
Palm Beach DUI Lawyer Palm Beach DUI Lawyer Attorney
Palm Beach DUI Lawyer Palm Beach DUI Lawyer Attorney
Ft Lauderdale Criminal Lawyer Ft Lauderdale Criminal Lawyer
Ft Lauderdale Criminal Lawyer Ft Lauderdale Criminal Lawyer
Ft Lauderdale DUI Lawyer Ft Lauderdale DUI Lawyer
Ft Lauderdale DUI Lawyer Ft Lauderdale DUI Lawyer