Restitution

What is Restitution?

Restitution is a judgment from a court that requires a person convicted of a crime to reimburse the victim of the crime that they committed. Restitution is ordered in every criminal case where the offender is found guilty. Any victim who suffers a loss as a direct result of the crime can get reimbursed, and once the amount is set by the courts the victim can request that monetary collections begin.

How much Restitution can I receive?

The amount the offender will be ordered to pay will depend on the economic losses the victim suffered and the court final decision of the case.  The amount is decided case by case and taking into consideration not only the victim economic losses but other aspects of the case.

Which of My Expenses Can Restitution Reimburse?

The court must award restitution to the victims in the full amount of their economic losses, including but not limited to:

  • Medical expenses
  • Mental health counseling
  • Lost wages or profits
    (If the victim was a minor, then the lost wages or profits of the victim’s parents)
  • Relocation expenses such as: deposits for utility services, rental housing deposits, temporary lodging and food expenses, etc…
  • Expenses to install or increase home security related to the crime
  • Actual & reasonable attorney’s fees
  • Expenses to retrofit a vehicle and/or home in order to make it accessible for a victim who was permanently disabled (whether partial or total disability) as a direct result of the crime
  • For violations of Penal Code section 288 (Child molestation) psychological harm may be ordered
  • For Identity Theft victims, expenses for a reasonable period of time to make the victim whole & repair the damaged credit

Who is Entitled to Receive Restitution?

Under current law, a victim of any crime is entitled to resitution. This includes:

  • Insurance companies (due to victim coverage or insurance fraud)
  • Employers (in cases of Worker’s Compensation fraud)
  • The immediate surviving family of a late victim