The criminal penalties that most people think about are jail time or fines paid to the government. Indeed, the vast majority of criminal conduct will have one or both of those things as a consequence upon conviction. However, the defendant going to jail or paying the government does little to remedy a victim’s situation after they are on the receiving end of a crime. For that reason, courts can also compel convicted criminal defendants to pay restitution directly to victims to try and offset the effects of criminal conduct.
You absolutely can be made to pay restitution as part of a criminal penalty in New Jersey. Factors like the actual conduct that took place, the severity of the crime in question, and any actual damage your conduct may have caused can factor into whether you will be required to pay restitution or not.
Get a free case review from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
What is Restitution in New Jersey
In law, “restitution” means financially compensating victims of crimes. Generally, criminal trials are not concerned with helping the victim. Instead, they are focused on punishing the defendant for crimes they committed. However, courts also understand that victims of crimes can be in bad shape because of physical injuries, losing a loved one, or any other unfortunate thing that results from criminal conduct. For that reason, convicted criminal defendants can also be required to pay restitution to victims.
Keep in mind that restitution payments are separate from any damages the victim may seek in civil court. You could, hypothetically, be compelled both to pay restitution and to pay civil damages to a victim of a crime.
Restitution as Part of Criminal Penalties in New Jersey
Prosecutors are allowed to seek restitution from defendants in criminal matters pursuant to N.J.S.A. § 2C:44-2. The statute outlines when prosecutors are allowed to do this. So, if your circumstances are such that seeking restitution is not on the table, our New Jersey criminal defense lawyers can bring that to the court’s attention so that you are not wrongfully made to pay restitution.
Restitution Criteria
The criteria for compelling a defendant to pay out restitution are detailed in § 2C:44-2(b). First, the defendant needs to have the means to pay or the ability to obtain the means to pay. In determining this, the court is required to take into account the finances of the defendant pursuant to § 2C:44-2(c)(1). As such, the court needs to be reasonable in their play for a defendant paying restitution.
Second, the victim – or nearest relative in the case of homicide – needs to have suffered a “loss.” “loss” generally refers to some kind of financial detriment, which can take many different forms. For example, the victim may have serious injuries, or the victim may have loved ones who are now under financial stress because they are deceased.
Restitution Considerations
The court also takes into consideration the defendant’s financial situation when deciding whether to require restitution. Under § 2C:44-2(c)(2), courts consider “all financial resources,” including the defendant’s current assets and future earning potential. These considerations both ensure that the defendant does not become destitute and that the victim actually gets paid something as restitution.
If you believe that your resources are not sufficient to support restitution payments, our lawyers can bring that up in court and argue against requiring restitution payments or structuring them in such a way that it does not put you under financial stress.
Fines and Restitution in New Jersey
It is possible to have both fines and restitution payments as part of a sentence for a crime for which you have been convicted. Under § 2C:44-2(a), restitution can be part of the penalty for any crime where the perpetrator gets “pecuniary gain.” Essentially, if they made money off their crime, they can be made to pay restitution. For example, if a perpetrator steals someone’s wallet and spends all the cash inside it, they have obtained pecuniary gain from their crime and can be made to pay both fines and restitution.
However, NJ law puts some limits on the combination of restitution and fines. Per §§ 2C:44-2(a)(2) and (a)(3), the defendant needs to maintain financial stability after paying the fine, and the fine must not interfere with restitution payments. Therefore, there are lots of circumstances where a fine may be too much if you are already paying restitution. Of course, our attorneys can help you out if you are concerned about paying both fines and restitution.
Failure to Pay Restitution in New Jersey
There are further potential criminal penalties if you fail to pay restitution in New Jersey under N.J.S.A. § 2C:46-2. If you do not pay restitution on time, the court will issue a warrant for your arrest, and you can be sent to prison, lose your driver’s license, or be required to participate in other programs.
However, if you can establish that you had “good cause” for not paying restitution, you may not be penalized for failing to pay on time. The law states that the burden of demonstrating good cause is on the defendant, so our lawyers can help show the court the reasons why your restitution was not paid on time. For example, if you had a sudden medical expense, that may impact your ability to pay restitution, and it could be worth working things out with the court so that your restitution plan reflects your financial realities.
Chat with Our New Jersey Criminal Defense Lawyers About Your Case
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