What is restitution in the criminal context?

by BradBernstein on April 12, 2010

By Laura McLean and Michael Biniakewitz
Criminal Defense Attorneys, The Law Offices of Spar & Bernstein

Question: What is restitution in the criminal context?

Answer: Generally, it is the reimbursement by the defendant to the victim of the crime, seen primarily in larceny cases. An example: John steals $1,500 from Jane’s sock drawer. He is prosecuted and convicted of that offense and as a result of that conviction he is ordered to pay restitution of $1,500 to Jane. There are instances where the value of item or amount lost is in question even after conviction. In that instance the defenda t is entitled to a hearing to litigate the value or amount of restitution.

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