When Would a Crime Victim Need to Hire an Attorney? (Part 2)

Situation 4:  The crime victims wants to make sure that the proper financial sanctions are ordered.

In criminal cases, a crime victim is entitled to restitution from the defendant.  This is often recovery for direct economic loss due to medical expenses or replacing a damaged piece of property.  Restitution does not encompass losses for such things as missed work, pain and suffering, and punitive damages.  A civil case must be brought to recover those types of requests.  Although the scope of restitution is much more limited than what may be sought in a civil case, there are advantages in getting the maximum amount of restitution ordered in a criminal case.  The most obvious advantage, is the likelihood of collecting this amount.  A civil judgment is merely a piece of paper.  If a criminal defendant does not have any property to attach, that piece of paper is worthless.  However, if a criminal defendant is ordered to pay restitution in the criminal case, there is much more leverage on the criminal defendant to obtain payment.  Some prosecutor’s offices are better than others in putting in the legwork to determine the appropriate amount of restitution for a criminal victim, especially in more complex cases.  Furthermore, some prosecutor’s offices, courts, and probation offices are rather lax when dealing with criminal defendants who fail to repay the ordered restitution.  In fact, some courts have been known to close cases out with restitution to the crime victim still owing, thereby removing the “teeth” behind the order.  By hiring an attorney, the crime victim will have an advocate who can ensure that the rights of the crime victim are adequately protected and that the members of the criminal justice system do their jobs and make sure the criminal defendant faces consequences for failing to abide by the order of restitution.

If you are concerned that your rights as a crime victim have been ignored or not adequately protected, call us today at (937) 750-8808 and schedule a free consultation.

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About Jon Horwitz

Jon Horwitz is an experienced criminal defense lawyer dedicated to helping people charged of a crime. He is dedicated to providing honest, straightforward advice and advocacy in order to get the best possible result for each client. Jon currently lives in Centerville with his wife and two children. He coaches basketball through the Centerville Hustle organization and is a former soccer coach. He continues to play soccer and is an avid fan of the sport.

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