Restitution in Florida Criminal Cases

You’ve been arrested and charged with a crime in Florida. Your first concerns are possible jail time, fines, a criminal record, and other direct penalties. But there’s another consequence looming that you also need to understand—the possibility of paying restitution.

Restitution can also become a major issue in federal prosecutions, especially in fraud, theft, property crime, and other cases involving alleged financial losses. If your case is in federal court, the rules for restitution in federal criminal cases may be different from the procedures used in Florida state court.

An Overview of Criminal Restitution in Florida

Simply put, criminal restitution refers to money you may be ordered to pay if convicted of a crime that caused either direct financial losses or hardships to an identifiable victim. The losses include medical bills, lost income, property loss or damage, and other reasonable costs.

Restitution aims to make your victim(s) whole again by compensating them for actual monetary damages they suffered due to your criminal actions. The court can order restitution regardless of whatever other sentence you end up with—jail, probation, etc.

And here’s the key point our clients need to grasp about restitution—sometimes, the amounts can be burdensome. Paying restitution could end up being the harshest and longest-lasting part of your penalty for the crime.

Restitution Basics Under Florida Statutes

Florida’s restitution laws are spelled out in Florida Statutes § 775.089. A quick overview:

  • Restitution is generally required for qualifying losses unless the court finds clear and compelling reasons to decline it.
  • The court determines who qualifies as a “victim”
  • Victims can include individuals and businesses. Government entities qualify when directly victimized, rather than merely providing public services in response to a crime.
  • A victim’s losses must be directly or indirectly related to your criminal offense
  • Restitution typically gets ordered as part of your sentence
  • The court sets a payment schedule, either lump-sum or installment
  • Interest starts accruing on unpaid restitution balances
  • Failure to pay court-ordered restitution can lead to a probation violation allegation; the court must address any claimed inability to pay.

In addition to the financial implications, an outstanding restitution balance can hamper things like restoring your civil rights after being released from custody.

The Restitution Hearing Process and Timeline

Restitution may be ordered at sentencing, with a later hearing to set the amount. Under Florida Supreme Court precedent, the court generally must impose restitution at sentencing or within 60 days afterward. When restitution is timely ordered, the court may determine the amount beyond that period.

The judge may order restitution connected to the criminal offense – for example, to cover a victim’s medical bills, lost income, funeral costs, property damage or loss, and other monetary damages. The restitution amount should put the victim back to their financial state before the crime.

The State must prove the victim’s loss by a preponderance of the evidence. The amount owed turns on the proven loss. The criminal court considers the defendant’s finances and earning ability when enforcing the order.

The court may consider hearsay if it has minimum signs of reliability. The defense can challenge unsupported estimates and unreliable proof of loss.

Unless the court provides otherwise, restitution is due immediately. A payment schedule generally must end by the end of probation; if no probation is ordered, within five years after imprisonment ends or, in other cases, sentencing. An unpaid balance can remain enforceable as a civil judgment.

If restitution is not paid, the victim may pursue civil remedies like wage garnishment to collect, subject to notice and contest rights. Contesting excessive restitution is key, as failure to pay may violate probation. Our firm builds strong legal arguments against unfair restitution burdens from the very start.

How Restitution Amounts Get Calculated in Florida

Figuring restitution sounds straightforward in theory—add up the victim’s monetary damages from the crime. But in practice, it can get quite complex:

  • Multiple victims claiming losses
  • Subjective estimates of nebulous losses
  • Insurers and other third parties seeking reimbursement
  • Disputes over appropriate payback sources and methods
  • Ongoing expenses the victim incurs after sentencing

Property-damage cases also require close attention to the evidence supporting the charge itself. In a criminal mischief prosecution, proof of the damage amount can determine whether the offense is a misdemeanor or a felony.

The bottom line is that restitution calculations can rapidly spiral out of control if you don’t challenge unreasonable or inappropriate claims. The “reasonable” standard for restitution too often gets stretched beyond sensible boundaries.

An experienced criminal restitution lawyer knows where to draw the lines on restitution reasonableness and how to best position and argue your case. The goal is to reach a fair result based on the actual circumstances, not merely acceding to every restitution demand.

Fighting Back Against Excessive Restitution

You must actively fight against inflated or outright frivolous restitution claims given the severe financial consequences. Here are the key steps we take on our clients’ behalf:

  • Thoroughly investigate all restitution demands made
  • Audit claimed losses for justification
  • Require proper documentation for all amounts sought
  • Challenge speculative or excessively subjective alleged damages
  • Disallow double recovery from multiple sources
  • Negotiate payment plans matching realistic ability to pay
  • Object to the inclusion of peripheral or spurious victims

It is possible to substantially reduce our clients’ restitution burdens from the initial demands. Successful disputes require proactively building your case from the very start. The goal is to reach a fair result based on the actual circumstances, not merely acceding to every restitution demand. Reductions of thousands of dollars can make a major difference over the long run.

Restitution Help From an Experienced Miami Attorney

Our firm has extensive experience fighting against excessive restitution on our clients’ behalf in all criminal matters. Contact us for a free case review and legal consultation about protecting your rights regarding criminal restitution.

Having an advocate in your corner from day one can save you massive amounts of money over years to come. So don’t delay contacting us for assistance—the sooner we can develop your defense strategy, the better.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

THERE ARE THOUSANDS OF LAW FIRMS AND ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY FOR YOUR MIAMI-DADE COUNTY CASE