Restitution in Criminal Cases
Understanding Restitution in Criminal Cases: What It Is (and What It Isn’t)
When people hear the word restitution, they often assume it’s part of a trial verdict or a plea deal—something automatic that follows a conviction. In reality, restitution is its own legal determination, governed by specific rules and limitations, and it is frequently one of the most misunderstood parts of the criminal justice process.
Whether you’re a defendant, a family member, or a victim trying to understand how restitution works, it’s important to know what courts are actually allowed to do—and just as importantly, what they cannot do.
What Is Restitution?
Restitution is a court-ordered payment intended to compensate a victim for economic losses directly caused by a criminal offense. The goal is to make the victim financially whole for losses that would not have occurred but for the crime.
Restitution is not meant to:
Punish the defendant (that’s what fines and jail are for), or
Provide a financial windfall to the victim.
Instead, it is narrowly focused on actual, provable, out-of-pocket losses.
Restitution Is Separate from Guilt, Trial, or a Plea
One of the biggest misconceptions is that restitution is decided at the same time as guilt or innocence.
It isn’t.
A defendant can:
Plead guilty or be found guilty, and still dispute restitution, or
Agree to a plea agreement that leaves restitution to be determined later.
In many cases, restitution is addressed after sentencing, sometimes weeks or months later, through a separate hearing or written submissions. That process exists precisely because restitution involves fact-finding about money, documentation, and causation—not criminal liability.
The Legal Standard: What the Court Must Find
Courts do not simply accept a number requested by the prosecution or a victim. Restitution must meet specific legal requirements:
1. The Loss Must Be Economic
Only economic loss is compensable. This generally includes things like:
Medical bills actually paid
Verified lost wages
Repair or replacement costs for damaged or stolen property
It does not include:
Pain and suffering
Emotional distress
Speculative future costs
Punitive damages
Those types of claims belong in civil court, not criminal restitution.
2. The Loss Must Be Directly Caused by the Crime
There must be a clear causal link between the criminal conduct and the loss claimed. Courts often describe this as a “but for” test:
Would this loss have occurred but for the criminal offense?
If the answer is unclear, or if the loss could just as easily be attributed to other causes (pre-existing damage, wear and tear, unrelated medical issues), restitution may be reduced or denied.
3. The Amount Must Be Proven
The burden is on the State to prove restitution by a preponderance of the evidence. That typically means:
Receipts
Invoices
Bills
Pay records
Insurance explanations of benefits
Courts are cautious about:
Estimates instead of receipts
Numbers that change over time
Claims that were not reported until much later
Amounts that appear inflated or unsupported
If the court cannot determine the amount with reasonable certainty, it cannot simply guess.
Why Courts Are Careful About Overcompensation
Restitution is not meant to put a victim in a better financial position than they were before the crime.
For that reason:
Insurance payments must be offset. A victim cannot be paid twice for the same loss.
Courts look closely at whether claimed repairs are truly related to the offense or are upgrades, improvements, or deferred maintenance.
Future or hypothetical treatment is generally not compensable unless it has already been incurred and paid.
This is not about minimizing harm—it’s about fairness and legality. Criminal courts are not designed to resolve complex damages disputes the way civil courts are.
Disputing Restitution Does Not Mean Disputing Harm
It’s important to understand that challenging restitution is not the same as denying that a crime occurred or that a victim was harmed.
Defense attorneys routinely challenge restitution when:
The documentation doesn’t support the amount requested
The claimed losses expand over time
The numbers don’t match the records
The loss is too speculative
This is part of the court’s responsibility to ensure restitution orders are lawful, enforceable, and accurate.
What Happens If Restitution Is Disputed?
If restitution is contested, the court may:
Hold a restitution hearing
Require written submissions
Limit restitution to amounts that are clearly proven
Deny certain categories of loss altogether
In some cases, the court will order a much smaller amount than initially requested. In others, restitution may be limited to a single, well-documented expense.
The Big Picture
Restitution plays an important role in the criminal justice system, but it is not unlimited. Courts must balance:
The victim’s right to compensation
The requirement that losses be proven and directly caused
The prohibition against speculation or double recovery
Understanding how restitution works helps everyone involved approach the process with clearer expectations—and helps ensure that restitution orders are fair, lawful, and grounded in evidence.
If you or someone you care about is facing a restitution issue, it’s worth consulting with an attorney who understands not just criminal law, but the financial and evidentiary rules that govern restitution determinations.
