http://www.aardvarc.org/victim/restitution.shtmlWhat is Restitution?
Restitution is the money that a judge orders an offender to pay to the victim. It is part of the offender’s sentence and is based on the victim’s expenses resulting from the crime and the offender’s ability to pay. The expenses might include medical/dental expenses, lost wages due to the crime or stolen or damaged property. However, court ordered restitution does not guarantee payment by the offender.
Right to RestitutionEvery state gives courts the statutory authority to order restitution. In more than one-third of all states, courts are required by statute to order restitution unless there are compelling or extraordinary circumstances. Florida law is typical, providing that “in addition to any punishment, the court shall order the defendant to make restitution to the victim for:
Damage or loss caused directly or indirectly by the defendant’s offense; and
Damage or loss related to the defendant’s criminal episode, unless it finds clear and compelling reasons not to order such restitution.”(snip)
Losses for Which Restitution May Be OrderedRestitution may be ordered to cover numerous crime-related expenses incurred by a victim. Typically, statutes specify that the following may be included in setting the restitution amount:
(snip)
- Lost or damaged property
- Other direct out-of-pocket expenses.Medical expenses are defined as medical services and devices (often including nonmedical care and treatment rendered in accordance with a recognized method of healing), physical therapy, and rehabilitation.
[Are there any medical expenses connected with the lax case? ](snip)
Restitution may also be ordered for other out-of-pocket expenses directly related to the crime. In cases of identity fraud, this may include expenses for correcting a victim’s credit history and costs incurred in any civil or administrative proceeding needed to satisfy any debt or other obligation of the victim, including lost wages and attorney fees.
[That would also include costs of private investigators, security, moves to other addresses or hotels for security, long distance phone calls, travel, lost wages (David Evans), lost education, lost tuition,
a lost year of life, lost jobs, etc.]Many states authorize courts to order defendants to pay interest on the restitution.
(snip)
In some states, future damages can be awarded. . . The Arizona Court of Appeals ruled that future damages were a permissible restitution element, reasoning that disallowing future expenses would defeat the legislative purpose of restitution,
which is to make the victim whole.(snip)
What If the Offender Doesn’t Pay?(snip)
At a review hearing, the judge may:
- Order the offender to pay all of the restitution within the remaining sentence
- Extend the offender’s probation to allow more time for payment
- Send the offender to jail/prison (this may cancel the restitution order)- Suspend the offender’s driver’s license (some states)
- Allow the offender to complete probation without paying restitution
- Order a civil judgment against the offender for the balance of the unpaid restitution.
(snip)
Court-Ordered Restitution Writ of ExecutionIf victims want to pursue collecting the money themselves, they can contact the court administrator to request a Writ of Execution and an Order for Disclosure to obtain lists of the offender’s property, employment and bankrecords. The local sheriff executes this order. Some property may be seized in this manner, but many items are exempt from confiscation. There are fees associated with this type of collection.
(snip)
Crime Victim CompensationThis is financial assistance from the government and is available for any victim of a violent crime regardless of whether the case is charged or if the offender is found guilty.
[What was the lax case? Was it a white collar crime involving thefts through accounting? Or did it
also include physical threats (NBPP), hate crimes, threats to family, and the physical seizure of persons (false imprisonment and kidnapping)?
If the removal of a person by force
against their will and their enforced confinement can be considered kidnapping (as was falsely alleged
of the players), then what is doing the same thing, with intent to coerce and intimidate?
Does the
fact that the latter was done by LE alter the fact that it meets the same definition of kidnapping?
(Sorry, but the law is the law; I think describing either of these two events as kidnapping fails
to meet the common sense test; but let the law be applied equally to all...)]Civil JudgementVictims can also try to collect the order through civil court (suing).
[Does any judge in any state in which any player resides want to issue such a restitution order?]
The court can change the restitution order to a civil judgment by filing an Affidavit of Identification. This action will create a lien against the offender/ debtor for up to 10 years to prevent them from obtaining financing for a home, car, credit card, etc., until the restitution is paid. Once a civil claim is filed, information about the victim becomes public. There is no filing cost to the victim(s) named inthe restitution order.
Revenue Recapture
Restitution is collected from state tax refunds owed to the defendant. Funds can be intercepted from individual income tax refunds, property refunds or rental tax credits, political contribution refunds and lottery winnings in most states. The claim must be made through a state authorized agency, i.e., district court, corrections. There is a nominal charge for each payment received.[/big]