In Los Angeles, a big hotbed issue is when somebody pleads guilty to a crime, what their restitution is going to be.  How much is it going to be?  What if they don't have the means to pay the restitution in a criminal case?

It's a complex issue that arises frequently, often leading individuals to hesitate in pleading guilty. They may argue that the restitution demanded by the prosecutors or the alleged victim is either excessive or unnecessary.

So, you really have to understand, number one, why restitution is ordered in the first place, and then also you're going to have to understand how far the legislature, the prosecutors, and the judges will go to make sure that the victim of a crime is going to be properly reimbursed for any money out of their pocket and that's really what the courts are looking at — how much money did the victim lose related to the case based upon the actions of a particular defendant.

Sometimes, that can be a lot of money. When the rubber meets the road, what it boils down to is somebody commits a crime against another person. That person is either found guilty, pleads guilty, or no-contest. They're now going to be responsible for any money owed to the victim based on what the person did to them.

So, as you might guess, disputes spring up all the time in this body of law.  As a defense attorney, I've done a lot of research on it and I've done a lot of hearings.  What ends up happening is, in order to take a deal on a criminal case if restitution is involved, the prosecutors make the defendant admit that they're liable for the restitution. A lot of times, they will pinpoint exactly what the restitution is before the person pleads. The defendant will stipulate to that amount, and that's the amount they're going to have to pay.

They may have to pay it over time.  Sometimes, they have to pay it upfront.  It just depends on what's negotiated between the criminal defense attorney and the prosecutor and, obviously, what the judge agrees to.

Restitution Hearing

But a lot of times, once a person pleads, it's just agreed that they have to pay restitution and admit liability, but they can't determine what the restitution is yet. Then, all of a sudden, they set the case for a restitution hearing or a restitution hearing in one of the downtown Los Angeles courts, and you go in there, and the alleged victim is claiming some astronomical amount.

So, then the question becomes, what do you do in that scenario?  Why should the defendant have to pay that if it's a questionable amount?

The answer is that the defendant is entitled to a hearing related to the amount of restitution, and the alleged victim will have to bring in proof that they are actually out a certain amount. So, on the good end, you're able to challenge that.

The defendant's attorney plays a crucial role in this process. They can question and dispute the amount of money being claimed. If the claimed amount is not a direct loss to the victim, the judge is likely to reject it. For instance, if the victim suffered emotional distress, they would need to seek compensation through a civil lawsuit.

On the other hand, if the victim can provide evidence of financial loss due to the defendant's actions, the judge is likely to award the claimed amount. The law strongly supports victims in such cases, and the scope of restitution in criminal cases is quite broad.

You would be astounded at some of the judgments that are awarded against defendants in criminal cases. If the person is a victim, the prosecutors and judges feel it's their job to get them compensated—to make them whole—after the crime was committed against them. They've usually got the law backing them when it comes to these criminal restitution decisions.