The purpose of criminal law is to help victims to seek justice in society. When there is no one to help us, we seek justice from the court; thus, the law is an unavoidable factor in our life.
In this busy modern world, committed criminal issues are not rare. It’s not just about the criminals but also about the victims who face serious issues due to criminal activities.
Global terrorism, homicide, human trafficking, cybercrime, sexual assaults, guns, and drugs are common types of criminal activities in recent times, including robbery or burglary.
In this chaotic situation, being efficient with the knowledge of crime is important. No matter if you are a victim of a crime or not, it’s always better to follow the criminal issues and know about them better.
However, being in the middle of a chaotic situation, only a criminal lawyer in Maryland can save you from the situation of crime by ensuring full assistance to all country-related issues. Furthermore, even a good Maryland Criminal Lawyer can assist you in convincing the court to allow restitution for you.
However, if you want to be knowledgeable and proactive with court cases, you will need to know about restitution and its various aspects. It’s not like being a victim of any criminal case will give you restitution.
What Is Restitution In Crime?
Restitution is a process of compensating the victim of a crime. It is an out-of-pocket expense from the offender’s end. So, here the person proven guilty will be responsible for paying restitution to the victim.
However, you need to know that only in particular situations a victim of crime can get this restitution. For instance, if the victim needs medical expenses or if the person faces a loss of wages due to the criminal activities of the offender, then only restitution can be allowed by the court.
In addition, if you are emotionally harassed, though it’s a crime, you will not get any restitution for that.
Why?
Well, according to the law, emotional damages cannot be mitigated through pocket expenses.
What Is The Purpose Of Restitution?
The main purpose of restitution is to make the victim whole again with possible extensions of money. So, it does not consider punishments to the victim, but it is separate and decided depending on the criminal case and its situation by the court.
It is not inextricably linked with fines, imprisonment, and probation for the crime.
Victims who get full restitution do not need to issue a file separately for a separate civil lawsuit. This is where you can save time and money both as a victim. On the other hand, the court will be able to save its judicial resources while initiating the criminal case.
Who Is Eligible For Restitution?
We have already stated that all kinds of criminal activities do not pay restitution to the victim. However, certain crimes come under the terms of restitution, so the criminals are prone to pay the restitution.
- Abuse.
- Robbery or burglary.
- Homicide.
These are the common crimes related to restitution purposes.
However, the criteria for getting restitution are also extended to particular types of victims. For instance, direct victims who faced severe psychological, physical or financial harm are eligible to get this out-of-pocket money from the criminal.
In addition, the court might also order the criminal to pay the indirect victims as well. For instance, the family members of the victim or the surviving partners of a dead victim can also get restitution.
Besides, third parties like insurance companies who helped the victim to recover the injuries can also get restitution in need. Where there are no direct victims, government agencies can also claim for crime-related investigations and investments.
Types Of Losses
Here in this point, we will discuss the various losses that can get restitution. Though the law related to crime and its restitution varies from state to state, there are some economic needs that must be paid in all the states.
- Property-related loss or damage.
- Medical expenses like counseling.
- Funeral expenses.
- Lost wages due to expenses to investigate.
- Injury and security expenses.
These are among the common types of expenses which can lead to restitution.
Are Restitution And Victim Compensation The Same?
For your kind information, compensation and restitution are not the same in any crime. Restitution comes only from the end of the criminal. A person who is guilty is responsible for paying the price of restitution.
On the other hand, compensation to the victim can be initiated by the government in the absence of the criminal to leverage the assistance. Victims can apply for their compensation through state programs.
In contrast, restitution can only be decided by the court, and there is nothing you can do to it except your Maryland Criminal Lawyer to convince the judges to agree.
Critical Factors To Consider
Apart from this information, there are various factors involved in a criminal case to leverage restitution.
For instance, before getting restitution prosecution must have to prove the victim’s right to get restitution.
In some criminal cases, the victim’s loss continues to flow, and to control the situation, the judge considers a routine check of the victim and, depending on that, decides on a regular update on the restitution process.
So, here the criminal has to pay for a long period of time. So, you need a Maryland Criminal Lawyer to deal with such situations.
How Does A Court Determine How Much Restitution To Give?
There are many factors that a judge can look at before considering the particular amount of restitution in processing. This is not a part of the punishment though the judge will consider all the things to measure the expenses of the victim and the abilities of the criminal.
- Criminal’s ability to pay.
- Comparing the other punishments, the criminal.
- The type of crime.
- Can the victim avoid out-of-pocket expenses?
These are the main criteria that a judge looks at before initiating the restitution for the victim of a crime.
If you are facing criminal charges in West Michigan, call Shawn today at 616-438-6719.