What Is Restitution and Why Do I Have to Pay It?

Total Page:16

File Type:pdf, Size:1020Kb

What Is Restitution and Why Do I Have to Pay It? What is Restitution and Why Do I Have to Pay It? What Is Restitution? When is Restitution Due? Restitution is a sum of money you are ordered to pay Restitution is due as soon as possible. It is a to compensate the victim of your crime for their loss condition of your supervision. If you are unable or injury. When you commit a crime, you not only to pay the full amount immediately, your harm the victim but the community as well. You have Probation Officer will determine a suitable an obligation to repair the harm created by your payment plan and can help you find a job. actions. Where Do I Send My Payments? One way to repair the harm is to pay back your victim for any out of pocket financial losses they suffered Payments may be made by check or money order because of your behavior. These financial losses may through the mail. Include your name and the word include property loss, medical bills, home and car “Restitution” on the memo line. Checks and money repairs, insurance deductibles, etc. Paying restitution orders should be made payable to: Allegheny County is a way of taking responsibility for your actions and Juvenile Court and mailed to the following address: trying to make things right. How Is Restitution Determined? Allegheny County Juvenile Court Attn: Restitution Dept. Victims provide documentation (such as bills, receipts, Room 2001 and financial statements) showing the value of items 550 Fifth Avenue stolen or damaged and the amount of payment, if Pittsburgh, PA 15219 any, made by their insurance company. If the case goes to court, the Judge or Hearing Officer will verify You may also make payments directly to your the claim and determine the actual amount you owe. Probation Officer or by paying in person at the above If the case is handled at an Intake Conference, the address at the restitution window on the 2nd floor Intake or Probation Officer will verify the amount and between the hours of 8:30 AM and 4:00 PM, Monday determine the actual amount you owe. through Friday. What If I Disagree With The Amount Of How Long Do I Have To Pay Restitution? Restitution Ordered? Restitution must be paid in full before your case can If you disagree with the amount of restitution ordered, be closed. If you do not pay in full, you could be on you should discuss your concerns with your attorney, probation until you are 21 years old. who will be able to answer your questions. You cannot see the victim’s financial statements or If you are on a Consent Decree or Extended Service receipts, but you can be told what is listed on them. Agreement, payment must be made in full before the Consent Decree or Agreement can expire. Can My Parents Pay Restitution For Me? What Happens If I Do Not Pay? Yes, but you should then pay your parents back for Failure to pay your restitution is a violation of your the full amount. You are the one who committed court supervision. You will have to reappear in the crime and you should take responsibility for court to explain why you haven’t paid. Possible making things right. consequences if you do not pay restitution include: • Extension of your Consent Decree • Extension of your Extended Service Can I Pay My Victim(s) Directly? Agreement No. Once restitution has been ordered by the • Extension of your Probation supervision Court, your payments MUST come through the • A hearing before the Juvenile Court Judge Juvenile Court Restitution Department. Your • Detention at Shuman Center payment will be recorded so that you receive credit • Placement in a weekend or residential for it , and a check will then be mailed to the victim. program • A wage attachment, in which money is deducted from your paycheck until your How Can I Pay If I Don’t Have A Job? restitution order is paid off. • A civil suit filed by the victim against you and If you need help in finding a job, talk to your your parents in order to get the money you Probation Officer. The Probation Officer has access owe. to special work programs and may be able to assist • A judgment lien against your property (such you in finding employment. Remember that you owe a debt to the victim and you may have to take as your house or car) in which you cannot sell a job that is not exactly what you want to do in or transfer your property until you have paid order to pay back your debt the money you owe. How Can I Pay If I’m Too Young To Work? Published and Distributed by If you are too young to work, check with your Juvenile Section parents, grandparents, friends and neighbors. You Common Pleas Court may be able to do chores or other tasks such as Family Division cutting grass, raking leaves, shoveling snow, or Russell Carlino, Administrator 550 Fifth Avenue other things to earn money. You may also be able Pittsburgh, PA 15219 to do community service You may also be eligible to participate in a Stipend program through your (412) 350-0200 Probation Officer. Fax: 412-350-0197 .
Recommended publications
  • Classifying Crime Victim Restitution: the Theoretical Arguments and Practical Consequences of Labeling Restitution As Either a Criminal Or Civil Law Concept
    LCB_18_3_Art_15_Shephard_Final.docx (Do Not Delete) 10/30/2014 1:21 PM CLASSIFYING CRIME VICTIM RESTITUTION: THE THEORETICAL ARGUMENTS AND PRACTICAL CONSEQUENCES OF LABELING RESTITUTION AS EITHER A CRIMINAL OR CIVIL LAW CONCEPT by Bridgett N. Shephard* Introduction ......................................................................................... 802 I. Civil Law and Criminal Law Have Become Increasingly Similar and Interrelated, and the Historical Conceptual Divide Has Become Ambiguous .......................... 803 II. The State of Victim Restitution in the American Justice System ............................................................................. 804 A. The Nature of Restitution and a Comparison with Other Remedies ................................................................................... 804 B. Protecting Victims’ Rights in Federal Criminal Proceedings: The Mandatory Victim’s Restitution Act (MVRA) .............................. 806 C. Protecting Victims’ Rights in State Criminal Proceedings with State-Specific Victim Restitution Statutes ..................................... 807 III. The Theoretical Reasons for Classifying Restitution as a Criminal Law Concept ....................................................... 808 A. Theoretical Arguments in Favor of Viewing Restitution as a Civil Concept ............................................................................ 808 B. Theoretical Arguments in Favor of Viewing Restitution as a Criminal Concept .....................................................................
    [Show full text]
  • 2013-2014 Sheathing Restitution's Dagger 899 Under the Securities
    2013-2014 SHEATHING RESTITUTION’S DAGGER 899 UNDER THE SECURITIES ACT SHEATHING RESTITUTION’S DAGGER UNDER THE SECURITIES ACTS: WHY FEDERAL COURTS ARE POWERLESS TO ORDER DISGORGEMENT IN SEC ENFORCEMENT PROCEEDINGS FRANCESCO A. DELUCA* “Beneath the cloak of restitution lies the dagger to compel the conscious wrongdoer to disgorge his gains.”1 Table of Contents I. First Principles: A Primer on the SEC’s Disgorgement Remedy, Classic Disgorgement, and the Equity Jurisdiction of the Federal Courts ..................................... 903 A. “Disgorgement” in the Securities Context .................. 903 B. Classic Disgorgement .................................................. 904 C. The Equity Jurisdiction of the Federal Courts ............ 907 II. Disgorgement’s History Under the Securities Acts ........... 908 III. An Analysis of Cavanagh ................................................... 911 A. Analysis of Allegedly Analogous Equitable Remedies ..................................................................... 912 B. Analysis of Binding Precedents .................................. 920 C. Analysis of Persuasive Precedents .............................. 926 IV. The SEC’s Disgorgement Remedy Is Not an Equitable Remedy ............................................................................... 930 V. Implications ....................................................................... 931 VI. Conclusion ......................................................................... 933 * Boston University School of Law (J.D. 2014); Roger
    [Show full text]
  • The Restitution Revival and the Ghosts of Equity
    The Restitution Revival and the Ghosts of Equity Caprice L. Roberts∗ Abstract A restitution revival is underway. Restitution and unjust enrichment theory, born in the United States, fell out of favor here while surging in Commonwealth countries and beyond. The American Law Institute’s (ALI) Restatement (Third) of Restitution & Unjust Enrichment streamlines the law of unjust enrichment in a language the modern American lawyer can understand, but it may encounter unintended problems from the law-equity distinction. Restitution is often misinterpreted as always equitable given its focus on fairness. This blurs decision making on the constitutional right to a jury trial, which "preserves" the right to a jury in federal and state cases for "suits at common law" satisfying specified dollar amounts. Restitution originated in law, equity, and sometimes both. The Restatement notably attempts to untangle restitution from the law-equity labels, as well as natural justice roots. It explicitly eschews equity’s irreparable injury prerequisite, which historically commanded that no equitable remedy would lie if an adequate legal remedy existed. Can restitution law resist hearing equity’s call from the grave? Will it avoid the pitfalls of the Supreme Court’s recent injunction cases that return to historical, equitable principles and reanimate equity’s irreparable injury rule? Losing anachronistic, procedural remedy barriers is welcome, but ∗ Professor of Law, West Virginia University College of Law; Visiting Professor of Law, The Catholic University of America Columbus School of Law. Washington & Lee University School of Law, J.D.; Rhodes College, B.A. Sincere thanks to Catholic University for supporting this research and to the following conferences for opportunities to present this work: the American Association of Law Schools, the Sixth Annual International Conference on Contracts at Stetson University College of Law, and the Restitution Rollout Symposium at Washington and Lee University School of Law.
    [Show full text]
  • Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position John D
    Washington and Lee Law Review Volume 65 | Issue 3 Article 3 Summer 1-6-2008 Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position John D. McCamus Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Legal Remedies Commons Recommended Citation John D. McCamus, Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position, 65 Wash. & Lee L. Rev. 889 (2008), https://scholarlycommons.law.wlu.edu/ wlulr/vol65/iss3/3 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Rethinking Section 142 of the Restatement of Restitution: Fault, Bad Faith, and Change of Position John D. McCamus* Abstract As a general rule, benefits transferredby mistake, such as moneys paidwhen mistakenly thought due, are recoverable in a restitution claim. Section 142 of the First Restatement of Restitution creates a defense to such claims to the extent that the payee, in reliance on the receipt,engages in a detrimental change ofposition, thereby making it inequitable to require repayment. The defense is unavailable, however, where the conduct of the payee in initially inducing the payment or in subsequent retention or dealings with the payment was either tortious or more at fault than the payer or, further, in the context of subsequent dealings, was undertakenby the payee with knowledge of the circumstancesentitling the payer to recovery.
    [Show full text]
  • Contra Costa Superior Court Martinez, California Department: 39 Hearing Date: 10/01/20
    CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 39 HEARING DATE: 10/01/20 1. TIME: 9:00 CASE#: MSC16-01102 CASE NAME: DARLA MUTTER VS. MERITAGE HOME HEARING ON MOTION TO DETERMINE GOOD FAITH SETTLEMENT FILED BY SONRAY SOLAR, INC. * TENTATIVE RULING: * Dropped at the request of the moving party on September 18, 2020. 2. TIME: 9:00 CASE#: MSC19-01406 CASE NAME: PEREZ VS. BILL BRANDT FORD INC. HEARING ON DEMURRER TO 1st Amended COMPLAINT FILED BY BILL BRANDT FORD, INC., et al. * TENTATIVE RULING: * Before the Court is a Demurrer by Defendant Bill Brandt Ford, Defendant Rob Brandt, and Defendant Bobby Dell’Aringa. The Demurrer relates to Plaintiff Carlo Perez’s First Amended Complaint. The FAC alleges eleven causes of action, but the Demurrer is directed towards only the causes of action for (8) violation of California Business and Professions Code §§ 17200 et seq.; (9) negligent misrepresentation; (10) civil assault; and (11) negligent retention, hiring and supervision. For the following reasons, the demurrer is overruled-in-part and sustained-in-part, with leave to amend. Factual Background Defendant Bill Brandt Ford employed Plaintiff as a Finance Manager at its Brentwood, California facility. (FAC ¶ 1,2,17.) Defendant Rob Brandt and Defendant Bobby Dell’Aringa were also employed by Bill Brandt Ford at the time of the events of the FAC. (Id. ¶¶ 3,4.) Plaintiff alleges that during his tenure at Bill Brandt Ford, Defendants “engaged in a practice and/or scheme of unlawful chargebacks against Plaintiff’s earned commissions.” (Id. ¶ 18.) Plaintiff further alleges that “thousands of dollars in unlawful chargebacks were not expressly authorized in a written commission agreement between Plaintiff and Defendants.” (Id.
    [Show full text]
  • Restitution in the Restatement (Second) of Contracts Joseph Perillo Fordham University School of Law
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1981 Restitution in the Restatement (Second) of Contracts Joseph Perillo Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Joseph Perillo, Restitution in the Restatement (Second) of Contracts, 81 Colum. L. Rev. 37 (1981) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/788 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. Restitution in the Second Restatement of Contracts Joseph M. Perillo* The rules governing restitution in the Restatement (Second) of Contracts combine outworn dogma with audacious innovation. The new Restatement's uni- fied coverage of the topic is an important improvement on its predecessor's treat- ment of the subject; the first Restatement's chapter on restitution dealt with res- titution primarily in three contexts: as a remedy for a defendant's breach; as relief in favor of a defaulting plaintiff; and as compensation for a performance rendered under a contract unenforceable because of noncompliance with the Stat- ute of Frauds.' In the Restatement (Second) the topic expands to encompass also restitution following
    [Show full text]
  • Victim Restitution Guide
    HOW IS RESTITUTION COLLECTED WHEN THE IS FINANCIAL ASSISTANCE AVAILABLE BEFORE THE OFFENDER IS RELEASED FROM PRISON? OFFENDER PAYS? Any outstanding restitution owed upon the offender’s You may be eligible for financial assistance through release will be referred to the Franchise Tax Board the Victim Compensation and Government Claims RIVERSIDE COUNTY (FTB). Victims may verify that their restitution debt Board (VCGCB) before the offender is sentenced and has been transferred to the FTB by calling the OVSRS. ordered to pay restitution or if a restitution order PROBATION was imposed, but restitution cannot be collected DEPARTMENT If an offender was in state prison, but is now under immediately. the supervision of the Probation Department, the CDCR may still be responsible for collection of Please contact your victim advocate for more restitution. information. WHAT SHOULD I DO IF I DON’T GET PAID? ARE ADDITIONAL VICTIM RESOURCES AVAILABLE? Restitution orders do not expire and cannot be You may also get help from: Victim discharged through bankruptcy. The offender’s restitution debt remains until it is paid in full. • California Victim Compensation Program 800-777-9229 Restitution If the offender is on probation, contact the Probation [email protected] Department at 951-955-9451, which will assist you in calvcp.ca.gov obtaining restitution from the offender. Guide • Riverside County Victim Services Main Office If the offender was sentenced to state prison, inform 951-955-5450 the CDCR’s OVSRS that you are not receiving • CDCR’s Office of Victim and Survivor Rights payments. and Services (OVSRS) 877-256-6877 CAN I COLLECT RESTITUTION AS CIVIL JUDGMENT? cdcr.ca.gov/victims If you would like to collect a restitution order on your • California Attorney General’s Office of Victim Services own, you may do so through a civil judgment.
    [Show full text]
  • Paying for What You Get—Restitution Recovery for Breach of Contract
    Pace Law Review Volume 38 Issue 2 Spring 2018 Article 7 April 2018 Paying for What You Get—Restitution Recovery for Breach of Contract Jean Fleming Powers South Texas College of Law Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Contracts Commons Recommended Citation Jean Fleming Powers, Paying for What You Get—Restitution Recovery for Breach of Contract, 38 Pace L. Rev. 501 (2018) Available at: https://digitalcommons.pace.edu/plr/vol38/iss2/7 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. POWERS.DOCX (DO NOT DELETE) 5/8/18 10:33 PM Paying for What You Get—Restitution Recovery for Breach of Contract By Jean Fleming Powers* I. INTRODUCTION Many contracts casebooks, in dealing with contract remedies, include the case Sullivan v. O’Connor,1 a case dealing with an unsuccessful nose job.2 While a case about the results of surgery at first blush seems more fitting for a torts book, Sullivan, like its iconic counterpart Hawkins v. McGee3 uses a vivid fact pattern in an atypical contracts case4 to illustrate important points about contract remedies.5 Sullivan has the added benefit of providing a launching point for a discussion of the three contracts measures of recovery: expectation, reliance, and restitution.6 If the approach of the Restatement (Third) of Restitution and Unjust Enrichment7 [hereinafter referred to as “the Restatement of Restitution,” or just “the Restatement”] * Professor of Law, South Texas College of Law Houston; J.D., University of Houston Law Center, 1978; B.A.
    [Show full text]
  • 'Windfall' Restitution Awards in Financial Fraud Cases
    G THE B IN EN V C R H E S A N 8 8 D 8 B 1 AR SINCE WWW. NYLJ.COM VOLUME 262—NO. 123 THURSDAY, DECEMBER 26, 2019 SECOND CIRCUIT REVIEW Expert Analysis Narrowing the Bounds of ‘Windfall’ Restitution Awards in Financial Fraud Cases n United States v. Calderon, No. of credit, thus, reduces the risk of 17-1956 (2d Cir. Dec. 3, 2019), nonpayment by foreign banks. Fol- the U.S. Court of Appeals for lowing the 2007 global financial cri- the Second Circuit limited the ses, International Industrial Bank of availability of “windfall” restitu- Russia (IIB)—USDA-approved foreign Ition awards and narrowed its inter- By And bank that had issued several letters Martin Brad S. pretation of the “proximate cause” Flumenbaum Karp of credit for the defendant—col- requirement for financial fraud vic- lapsed and defaulted on over $18 tims under the Mandatory Victims million in GSM-102 obligations to U.S. Restitution Act of 1996 (the MVRA), Export Credit Guarantee program banks CoBank and Deutsche Bank. 18 U.S.C. §3663A. In an opinion writ- (GSM-102). Designed to “increase Honoring its guarantees, the USDA ten by Circuit Judge Debra Ann Liv- exports of agricultural commodi- reimbursed the banks 98% of the ingston, and joined by Circuit Judges ties,” the GSM-102 program guar- unpaid principal. Amalya Kearse and Rosemary Pool- antees loans made by U.S. banks to District Court Proceedings er, the Second Circuit ruled that the foreign banks in connection with U.S. MVRA “does not supply a windfall for commodity exports to developing The Justice Department investi- those who independently enter into nations.
    [Show full text]
  • A Victim's Restitution Guide
    A VICTIM’S RESTITUTION GUIDE Financial Recovery California Victim Compensation Program A VICTIM’S RIGHT TO RESTITUTION The Victims’ Bill of Rights Act in the California Constitution includes the right to restitution among its many provisions: “All persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.” “Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.” A PUBLICATION OF CALVCP AND CDCR’S OFFICE OF VICTIM AND SURVIVOR WHAT IS RESTITUTION? RIGHTS AND SERVICES Restitution is monetary compensation owed to you by the offender. As a victim of crime, you have a right to restitution TABLE OF CONTENTS from the offender when you have crime-related expenses. What is Restitution? 2 This brochure explains restitution, how it is ordered and how Restitution Fines and Orders 3 the California Department of Corrections and Determining Victims’ Losses 4 Rehabilitation’s (CDCR) Office of Victim and Survivor Rights Losses Covered by Restitution 5 and Services (OVSRS) assist with restitution collection when Collection of Restitution 6 the offender is sentenced to state prison. Offenders in Prison 7 This brochure also explains how the California Victim Offenders on Parole or Probation 8 Compensation Program (CalVCP) can help with certain After Parole or Probation 8 out-of-pocket crime-related expenses that have not and Restitution Hearings 10 will not be reimbursed from any other source as CalVCP is a payer of last resort.
    [Show full text]
  • Rescission, Restitution, and the Principle of Fair Redress: a Response to Professors Brooks and Stremitzer
    Valparaiso University Law Review Volume 47 Number 2 Winter 2013 pp.1-78 Winter 2013 Rescission, Restitution, and the Principle of Fair Redress: A Response to Professors Brooks and Stremitzer Steven W. Feldman Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Steven W. Feldman, Rescission, Restitution, and the Principle of Fair Redress: A Response to Professors Brooks and Stremitzer, 47 Val. U. L. Rev. 1 (2013). Available at: https://scholar.valpo.edu/vulr/vol47/iss2/22 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Feldman: Rescission, Restitution, and the Principle of Fair Redress: A Re Article RESCISSION, RESTITUTION, AND THE PRINCIPLE OF FAIR REDRESS: A RESPONSE TO PROFESSORS BROOKS AND STREMITZER Steven W. Feldman* I. INTRODUCTION Analyzing a remedy that the reporter for the Restatement (Third) of Restitution and Unjust Enrichment describes as having “[e]normous practical importance and theoretical interest,”1 scholars in recent years have produced a flood of articles covering contract rescission and restitution.2 In their 2011 Article in the Yale Law Journal, Remedies on and off Contract, Professors Richard Brooks and Alexander Stremitzer weigh in on the discussion.3 Relying on microeconomic theory, which reflects the perspective of rational buyers and sellers, the authors’ thesis is that current legal doctrine is too restrictive in allowing buyers’ rescission and too liberal in granting them restitution.4 Although other commentators * Attorney-Advisor, U.S.
    [Show full text]
  • 20191223115738971 18-1501 Liu V SEC Restitution Scholars Brief.Pdf
    No. 18-1501 In the Supreme Court of the United States CHARLES C. LIU et al., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. __________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT __________ BRIEF OF REMEDIES AND RESTITUTION SCHOLARS AS AMICI CURIAE IN SUPPORT OF NEITHER SIDE __________ Douglas Laycock Counsel of Record 2406 McBee St. Austin, TX 78723 512-656-1789 [email protected] QUESTIONS PRESENTED This brief addresses two questionss: 1. Whether “equitable relief” in the securities laws includes the longstanding equitable remedy of disgorgement, also known as accounting of profits, and 2. Whether disgorgement in the securities laws should be measured by the longstanding rules of equity, a measure that both petitioners and respondent appear to reject. i TABLE OF CONTENTS Table of Authorities .................................................. iv Interest of Amici ..........................................................1 Summary of Argument ...............................................2 Argument .....................................................................5 I. Each Party’s Position Seriously Overreaches ......................................................5 II. Disgorgement, or Accounting for Profits, Is a Long-Established Equitable Remedy That Imposes Liability for the Wrongdoer’s Net Profits—Not Gross Profits or Gross Receipts .............................................................9 A. Disgorgement of a Wrongdoer’s Profits Is a Longstanding Equitable Remedy.
    [Show full text]