Restitution in an Alexandria robbery case is the repayment to the alleged robbery victim for their losses as a result of the offense. There are robbery cases where there is no restitution and others where the restitution is significant. Restitution is typically paid in a criminal case when someone damages or destroys property that cannot be restored by simply returning the property. In a robbery case, if someone has their door broken, or their window smashed, after conviction, the defendant would pay for the door to be replaced or the window to be fixed. If cash or valuables are taken and never recovered, restitution would be appropriate.
The type of restitution or the amount of restitution certainly depends greatly on the case and how the evidence is presented. In order to understand the process of restitution in a robbery case in Alexandria and what to do if you cannot pay it, you will need the help of a robbery lawyer in Alexandria to present your case and explain your options.
Restitution occurs when it is ordered by the court. It may be ordered by the court after evidence is presented at sentencing or after a plea agreement is entered into that includes the restitution provision. Depending on the court and the judge, there may be a requirement that specific evidence be presented and the veracity of that evidence must be available for the court to order restitution.
In Alexandria, restitution is typically ordered to be paid through the court so there is a record of it. If restitution is significant in a robbery case in Alexandria, the defendant would be required to present a restitution plan to the court at the time of sentencing. This means that the defendant will be asked by the court to explain how fast they can pay the alleged victim back. If the person offers a restitution term that is not deemed to be aggressive enough for the court, the court may order its own restitution plan.
Restitution is only mandatory when it is ordered by the court and it may be a condition of probation. If restitution is part of a plea agreement in an Alexandria robbery case, it becomes a term and condition of the plea agreement, so failure to pay the restitution would be a breach of the plea agreement and it could have consequences. A person may be ordered to pay a restitution to a company, the government, a state, or any entity that has suffered quantifiable damage as a result of the person’s conduct.
Why the person is unable to pay restitution in an Alexandria robbery case will determine whether the failure to pay restitution is a violation of the terms and conditions of probation or whether the court will take other measures.
If a person is unable to pay restitution because they are incarcerated, typically that is not viewed as a breach of the terms and conditions of the probation. If they failed to pay restitution because they do not want to pay, or they chose to pay their some other bill instead, there may be other consequences and will need a lawyer to help defend their rights and come up with a plan for payment.
Patrick Woolley Attorney At Law