Restitution in Maryland Robbery Cases
Restitution in a Maryland robbery case is defined as the money that is owed to another party as a result of a the case. It could be restitution that needs to be paid back for damages that the other person suffered. Restitution does not apply to punitive damages such as pain and suffering but can apply to direct damages that a person might have suffered, such as medical bills, insurance premiums, or perhaps the cost of replacing an item that was taken from them.
Maryland robbery lawyers can help build strong rebuttals against the prosecutor’s argument, which can result in less severe punishments. If you are facing penalties due to robbery charges, it would be in your best interest to consult with a qualified robbery lawyer as soon as possible.
Relationship Between Restitution and a Robbery Case
The relationship between restitution and a robbery case is that in a robbery case, restitution might be owed for things that were taken from the scene of the robbery that were not recovered or, when recovered, were damaged in some way. Restitution might be required in circumstances when a party suffered injuries during the course of the robbery and had to seek medical treatment for those injuries.
When to Pay Restitution
Restitution might be paid in circumstances where one has been found guilty of a particular offense and the judge has made determinations that restitution must be paid back to a particular party in order to make them whole again, as a result of the defendant’s actions.
First, a determination is made about the amount that is owed and who that money is owed to. Next, the judge orders the defendant to pay restitution. Once the restitution is paid, the court will file a Satisfaction of Judgment. The final step of the restitution process is marking a file as satisfied if in fact that restitution was properly paid.
Restitution is never mandatory. It is only required if it is ordered by the Court as a result of a particular case. Judges will only require restitution to be paid if a determination is made that it is properly owed to another party.
Reasons Judges Order Restitution
It is really the determination that is made about who is owed what by the Court. Sometimes, a separate restitution hearing might take place where the Court makes those determinations independent of the parties themselves, and asks for certain verification and proof to be brought into the Court. If a defendant is found responsible for stealing from the alleged victim, then it is, by law, their responsibility to pay back the person for what they unlawfully took from them.
In certain cases, a person might have paid out restitution and not been put in a position where the victim was made whole by the defendant. In those cases, it might be paid out. In other circumstances, if a party was owed restitution but an insurance company, for example, covered them completely, they could not collect the second time from the defendant for restitution just because they were found guilty. In those circumstances, the defendant might be in a position where they had to pay restitution to the insurance company who then paid the individual as opposed to the individual directly.
A larger entity is usually not responsible for paying restitution, because larger entities are, generally speaking, not going to have criminal charges brought against them as an entity, in and of itself. Usually criminal charges are brought against an individual that was responsible for perpetuating the crime as if it was on behalf of that larger entity. When larger entities are required to pay things out, it is usually something that is done in the civil system as opposed to the criminal system. In which case, it is effectively just a lawsuit that is filed against another party for damages, and it would be a settlement, not restitution.
Restitution as a Condition of Probation
Likely in any circumstance where a judge thinks that it is appropriate and where there is some money that is still outstanding or owed from one party to another, restitution in a Maryland robbery case may come up as a condition of probation. If an individual convicted is unable to pay restitution, it becomes a part of their probation. If the conditions of probation are not satisfied, such as making payments on restitution as ordered by the court, they could be found in violation of that probation, there are consequences for violations, such as jail time.
Source of the Money Paid
The money does not have to be financed by the person who owes it. The restitution can come from any source as long as it is paid back in accordance with the schedule laid out by the court with respect to restitution. It can be paid by another party. It does not matter. The purpose of the restitution is to make the alleged victim whole again.
Benefits of a Lawyer
Penalties for robbery charges can often be a very steep restitution and/or a strict sentencing. It is very important to consult with a Maryland robbery lawyer. They will refute the prosecutor’s argument and evidence. An experienced lawyer can help reduce your sentences and get you back to living your life when concerned with restitution in your Maryland robbery case.