What is restitution and what is it supposed to accomplish for the victims?
When someone is found guilty of a crime, the sentence given to the defendant by the court can include a variety of penalties. These penalties can include fines, probation, community service, and jail time to name a few. In general, the goals of the sentence and these penalties are to deter future crime, to punish the person who committed the crime, and to compensate or otherwise attempt to make the victim of the crime whole again. The term restitution when used in a legal context relates to this last goal of making the victim whole again. Restitution is when the court orders the defendant to give up any gains to the victim that the defendant received as a result of the crime. Technically, restitution is different from compensation. Compensation is when the court orders the defendant to pay the victim of a crime for a loss that they crime caused to the victim. However, while legally the term restitution is different than compensation, the two are often used interchangeably and have generally come to mean some thing or amount awarded to the victim of a crime in an attempt to right the wrong the victim suffered. Restitution can likely be best illustrated through the use of examples. Two common examples of restitution include the following: Breach of contract. For example, assume Person A agrees to buy from Person B a complete Thanksgiving dinner for $200. If Person A then refuses to accept delivery of the Thanksgiving dinner or pay for it, a court may find that Person A owes Person B the $200 amount agreed to in the contract. Likewise, if Person B decides not to deliver the Thanksgiving dinner and Person A has to go to Person C for the dinner at a cost of $250, a court may find that Person B owes Person A $50, which is the amount of additional expense Person A had to pay to obtain an equivalent meal. Personal injury. Restitution should not be confused with punitive damages. Punitive damages are intended to make an example of the defendant per se, deterring others from committing a similar crime and punishing the defendant. Punitive damages go above and beyond the reasonable amount that may be awarded to the victim of a crime as a part of restitution. If you complete the short form at http://www.criminaldefensehome.com/eval_bar.php, an attorney will review your case with you free of charge. This review is completely confidential and does not obligate you to anything further. Therefore, please complete the form today to get professional guidance on if you have a case for which you should be compensated.
What should I do if I believe I have been wronged and deserve restitution?
