Hampton Roads Robbery Restitution

Robbery is an offense in which an individual intentionally deprives another of their possessions. In some instances, courts might ask that individuals accused of robbery, pay Hampton Roads robbery restitution. Restitution includes payments that must be made to alleged robbery victims in order to make them whole based on losses suffered as a result of the case. If a person is found guilty and the Commonwealth is able to show that they financially wronged someone, and that person was not compensated, the person found guilty will owe restitution. If you have been charged with a robbery offense and want to know more about restitution and what to expect from the restitution process, speak with an adept robbery attorney today.

Relationship Between Restitution and Robbery Cases

Most times in a robbery case, something was taken from an individual. In such a case, that person will be owed Hampton Roads robbery restitution for anything taken, assuming those items were able to be returned. This is easy to measure if it was money or another financial instrument that was stolen. Also, because robbery can possibly involve actual physical harm if there are injuries, the individual would be entitled to restitution for any medical treatment that was needed.

Stages of the Restitution Process

The first stage of Hampton Roads robbery restitution is that a person has to be found guilty by the judge. After that, the court will order a person to pay the amount of restitution based on evidence that is presented by the Commonwealth. A person does have an opportunity to defend themselves against the amount alleged. Once the amount is established, often times a payment plan is established making sure that a person pays a specific amount before a specific date. Restitution payments go to the court, and they oversee the distribution of the restitution.

Restitution cannot be ordered by a court unless someone is found guilty. This is the underpinning of everything that is done in the legal system. Until a person is found guilty, they do not owe any certain restitution. There must be a legal finding that the person was, in fact, responsible for the damage that was done to the individual making restitution necessary.

Is Restitution Mandatory?

If restitution is ordered by the court, it is mandatory. There are some situations where a person may, before being found guilty, start putting money aside or submit money through the victim witness agency for restitution. That is done on a voluntary basis, however, the person is only doing it because they are assuming that they are going to be ordered to do it.

There are many factors that determine whether restitution will be necessary. First, is whether or not the plaintiff actually loses anything or any property that is not able to be restored. It is also important to consider what the alleged victim is seeking. The Commonwealth is not bound by what a person wants, but the Commonwealth does take that into consideration.

Why a Judge Would Order Restitution

Whether or not restitution is required will depend on the individual case. If the alleged victim did not suffer a financial loss or a physical injury, restitution will not be required. It is also possible that the complainant will not be seeking restitution, and they simply want the case to be resolved.

Restoring an alleged victim to their original position is an underpinning of the judicial system. Sometimes, simply assigning jail time to the perpetrator does not make the plaintiff whole. Jail time does not pay for healthcare treatment, for example. In those situations, it is on the court to order the perpetrator to make the complainant whole.

Benefits of Restorative Justice

Restorative forms of justice can help prevent the alleged victim of a robbery from suffering any long-term consequences from the robbery. From the defense side, there are also benefits. One is that the person who allegedly committed the crime will have an opportunity to make the alleged victim whole again or to pay back what was lost. Then that can be used to convince the judge to perhaps issue a lighter jail sentence.

The judge may be more lenient on someone who stole $2,000,000 and paid it back versus someone who did not. If Hampton Roads robbery restitution is required, it can also strengthen someone’s argument for a lighter sentence, because a person cannot work while they are in jail. A defense attorney can attempt to make the argument that that person will be able to better serve their time on probation while working to pay back their restitution fees. If you have been charged with a robbery offense, work with a skilled robbery lawyer that could advocate for you.