In Los Angeles, a significant issue is determining the restitution amount when someone pleads guilty to a crime.  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 deeply intricate issue that arises frequently, often causing individuals to pause before pleading guilty. They may argue that the restitution demanded by the prosecutors or the alleged victim is either excessive or unnecessary, underlining the complexity of the situation.

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 substantial amount 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 pleads no contest. They will now be responsible for any money owed to the victim based on the actions taken against them, which can have a significant financial impact on the defendant.

So, as you might guess, disputes spring up all the time in this body of law.  As a defense attorney, I've conducted extensive research and attended numerous hearings.  Ultimately, to accept a deal on a criminal case involving restitution, prosecutors require the defendant to admit liability for the restitution. Often, they will pinpoint exactly what the restitution is before the person pleads. The defendant will stipulate to that amount, and that is the amount they will have to pay.

Negotiating the restitution amount is a key part of the defense attorney's role. They may arrange for the defendant to pay restitution over time or upfront, depending on the negotiations with the prosecutor and the judge.

Restitution Hearing

After a guilty plea, it's often agreed that the defendant must pay restitution and admit liability, but the exact amount is not yet determined. In such cases, a restitution hearing is scheduled in one of the downtown Los Angeles courts. During this hearing, the alleged victim presents their claim, which can sometimes be an unexpectedly high 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?

It's important to note that the defendant has the right to a hearing regarding the amount of restitution. During this hearing, the alleged victim is required to provide evidence that they have actually suffered a financial loss. This provides the defendant with an opportunity to challenge the claimed amount.

The defendant's attorney plays a pivotal role in this process. They can question and dispute the amount of money being claimed, providing a strong defense for their client. 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, prosecutors and judges believe it's their job to ensure they are compensated—to make them whole—after the crime is committed against them. They usually have the law on their side when it comes to these criminal restitution decisions.