Submitted by Dogger on Tue, 09/01/2009 - 08:01
My lawyer told me one time that as part of a plea agreement I might have to do some restitution. How does that work in Massachusetts criminal defense cases? What kind of money are we talking about?
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Editor's Response
The amount would depend on the crime you were involved in and the damages you caused. Also, since your attorney is talking about a plea agreement, the amount would be negotiated. I'm sure your lawyer will give you more information at a later date.
As for how it works, restitution is an attempt to make the person who committed the crime compensate the victim for any damages he or she suffered. Depending on the crime, those damages may include property damage, loss of income, medical expenses, and (hopefully not in this case) funeral expenses. Frequently, any plea agreement (and resulting sentence) will create a 'payment plan' to allow the defendant to satisfy his obligation over a period of time.
Restitution
Criminal restitution is very limited. The court may order restitution only after a hearing (commonly referred to as a "Restitution Hearing") in which it is to consider the total amount of out of pocket expenses paid by the complaining witness (payments by insurance companies on a victims behalf are not covered) AND the defendants ability to pay. Many people agree to pay restitution as part of a plea, in that case the amount ordered most likely would be worked out between you, your attorney and the prosecutor.
However, the complaining witness may still file a civil suit against you in which the damages the civil court may impose would be greater than those the criminal court may impose.
Attorney Kevin Gaughen, Jr.