Restitution Can Be a Brutal Part of Minnesota Criminal Cases
While there are many concerns when it comes to being charged with a crime in St. Paul or anywhere in Minnesota, including jail or prison, fines, attacks on your reputation and future, there is one expense that many people frequently forget and that is restitution. In some cases, restitutions can be hundreds thousands or even tens of thousands of dollars. This could apply in sex crimes, domestic assault crimes, DWIs, drug crimes, violent crimes, juvenile crimes, property crimes and more.
In Minnesota, victims of crimes have a legal right to restitution by a Defendant if that Defendant is convicted of a crime and those expenses are related to that crime. Because Minnesota Court Judges have discretion in determining the amount of restitution, the Courts are supposed to try to put the victim in the same financial position they were in before the crime took place. This is supposed to be out-of-pocket expenses. However, it is important to remember that it is not supposed to be a windfall or money making opportunity. As a result, it is importune that you sit down with an experienced criminal defense attorney.
What Kinds of Expenses are We Talking About?
The kinds of expenses the Court should generally be considering are those directly related to the crime that was committed and how the victim was financially injured as a result. Again, these should be out-of-pocket expenses. These might include, insurance deductibles, medical expenses, mental health expenses, the cost to repair or replace damaged property to name but a few.
How Does the Court Determine Restitution?
The Courts in Ramsey, Hennepin or any other County across the State apply Minnesota Statute § 611A.045. In the Statute, the Court looks at two primary factors to determine whether restitution is appropriate as a part of probation:
The amount of economic loss sustained by the victim as a result of the offense; and
The income, resources, and obligations of the defendant. This is essentially the ability to pay.
Remember, the term “victim” in the restitution statute can be defined very broadly. It may include any person who incurs harm or loss because of a crime. This can include good faith efforts to prevent the crime itself.
Is it Possible for a Defendant to Challenge a Restitution Order?
In a word, yes. According to Minn. Stat. § 611A.045, a Defendant can absolutely contest a Judge’s Court Order. However, there is a very specific legal process. In order to challenge restitution, a defendant must:
File a detailed sworn affidavit that specifically challenges restitution; and
Clearly specifies all of the reasons justifying dollar amounts of restitution which are different from the amounts requested by the victim.
Again, it is important to remember that it is not supposed to be a windfall or money making opportunity.
Who Has the Burden of Proof?
Once a Defendant meets the two requirements found in the Statute, the burden then shifts to the Prosecutor to justify the restitution amounts. The standard of proof in St. Paul and across the State is “preponderance of the evidence.” For this reason, it is important to consult an attorney.
While the are many concerns facing anybody charged with a crime, from jail and prison and fines and a lot more, people who make allegations should not be able to use this as a money making opportunity against you. As a result, it is important to have the best criminal defense attorney in St. Paul to stand by your side.
Make Sure You Hire the Best
Jack Rice is a Board Certified Criminal Law Specialist and was recently awarded the Minnesota Attorney of the Year. He is a former prosecutor and a former U.S. Federal Agent. If you are facing serious criminal charges, it is important to understand all of the ramifications of a criminal charge and even criminal convictions including restitution. For a free confidential consultation, contact Jack Rice Defense. You can call the office as well at 651-447-7650 or 612-227-1339.