Restitution payment

Asked over 1 year ago - Jacksonville, FL

My boyfriend is facing 5 years in prison for a property crime. He fell into prison category (1st time offender). At the last PTC we were told by our lawyer that 5k in a lump sum as restitution should keep him from prison. How does that work?

Attorney answers (3)

  1. Dean George Tsourakis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If he pays the $5,000 up front they will agree to a non jail sentence.

  2. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Restitution is what a crime victim is owed in money as compensation for loss or damage to property that is a direct result of the criminal action (I presume there is such loss or damage because of the fact that restitution is owed, apparently). So, if the defendant can make the victim whole, or restore that damaged or lost property more quickly with an incentive, then the offered sentence can be reduced to become that incentive. If at this point in the case it is certain that a sentence is going to be imposed, by all means it should be helpful to be able to say that, as far as money damages go, the defendant did all that he or she was able to do towards making that part of it right.
    Good luck.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  3. Matthew Ryan Gunter

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . In situations likes these, the prosecutor will agree to a non-jail sentence if the restitution is paid up front and at sentencing. I would suggest having a cashiers check or money order ready to go at sentencing. Do not bring cash! The prosecutor and/or clerk of the courts likely won't accept that.

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