Court orders defendant to pay ONE MILLION dollars in restitution

Man who cut fire hose during Baltimore riots must pay $1M

In Florida criminal cases, the defendant can be ordered to pay money (restitution) to the victim for damages caused by the crime. The Florida restitution statute, §775.089, provides that restitution should be ordered for: 1. Damage or loss caused directly or indirectly by the defendant’s offense; and 2. Damage or loss related to the defendant’s criminal episode. Sometimes, the amount of restitution requested is more than what is actually owed or includes items not allowed by law. If the restitution amount is not agreed upon, the judge will set a restitution hearing during which the judge listens to the evidence presented to justify the amount requested.

There are many issues that arise in a restitution hearing. For instance, where the amount of restitution is in dispute, it is the prosecution’s burden to prove the amount of loss by a “preponderance of the evidence.” The amount awarded must be based on “competent evidence” and cannot be awarded based on “speculation or opinion”. The judge can use the “fair market value” of items stolen if those items can be identified. Fair market value is often determined by subtracting depreciation from the original purchase price. Replacement value is almost never used.

Also, what is viewed as “competent evidence” in a restitution hearing is another issue that may arise. Sometimes, experts are needed to substantiate the fair market value. Other times, estimates prepared by someone who does not testify at the hearing are relied upon. Whether or not those estimates are “competent evidence” is often a matter of dispute.

If ordered, restitution becomes an important part of a criminal case. Failing to pay restitution can lead to a violation of probation. Hiring an experienced attorney to ensure the proper amount of restitution is ordered based on “competent evidence” can have a huge impact on your ability to successfully complete probation.

Contact Fort Lauderdale Criminal Lawyer Gary Cole at 954-462-4600 to talk more about any case in which restitution will be an issue. 

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