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Restitution in Criminal Cases

Scott Scherr • November 29, 2022

The importance of restitution in criminal cases

In criminal and sometimes even serious traffic cases, the defendant's ability to make restitution can lead to a more favorable outcome. It many times can even lead to a nolle prossequi (charges are dropped), stet (case placed on the inactive docket), or at least a probation before judgment (conviction stricken from the defendant's record). Most of the time the defendant owes the money anyway.


For example, a defendant charged with theft should be prepared to repay the money. The State will be very interested in seeing that the victim is reimbursed for his or her losses. I have had clients bring money to court to repay victims in a motor vehicle accident that led to a DUI charge and this made the difference between my client's walking out of the courtroom and going to jail. Even simply having the money to pay the victim's deductible for his or her car repair is important in a hit and run.


If the charge is malicious destruction of property, the defendant should expect to pay for the repair or replacement of the items in full prior to the court date. I have obtained a stet in more than once case where my client was able to hand the money to the victim.


If you are charged with a crime where a victim is alleging a loss, start saving your money so that you can make restitution through your attorney. It can mean the difference between jail or your freedom or having a criminal record or not.


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