Restitution is an amount of money the Prosecution can determine is owed in your case as a result of any damage done by your alleged offense. They can request it be paid as part of a plea deal – you will be offered to plead guilty to a lesser charge or no charge at all if you pay the requested amount of money. It can also be required as part of sentencing – meaning your case is concluded and in order to comply with the Court’s orders you must pay some amount of money.
Restitution is different than a fine you might be ordered to pay to the Court, as it goes to the person or entity claiming to have been harmed by your actions. You may be required to pay restitution to a party and a fine to the Court depending on the outcome of your case. For example, if you are charged with unlawfully damaging someone else’s property, and you plead guilty to either that or a lesser offense, you could be required to pay the injured party restitution for the damage and a fine to the Court for the guilty plea.
If you are ordered to pay restitution, the New York State surcharge that you might have otherwise been ordered to pay can be waived.
If you have been accused of a crime where there is damage to property or an allegation of financial loss due to the crime, call us today.
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