Can Restitution Be Part of My Penalty in Maryland?

There are a variety of punishments for criminal acts in Maryland. These punishments can range from fines to prison sentences to something called “restitution.” Restitution is financial compensation that is ordered by the court to be paid to the victim as part of a criminal penalty. Restitution is allowed in Maryland. Those facing criminal convictions may be wondering whether the potential penalties in their case will involve restitution.

Restitution can be given as a penalty in a Maryland criminal case so long as certain conditions are met. Generally, you will need to pay restitution if someone or something had to pay money to deal with the aftermath of your criminal acts. It is also important to note that restitution is not a replacement for any civil liability that may be present alongside a criminal prosecution.

For a free analysis of your situation, call Rice, Murtha & Psoras’s Maryland criminal defense lawyers at (410) 694-7291.

What is Restitution?

The general definition of restitution is to “restore” something. Under Maryland law, restitution is something that can be given as a criminal penalty. In Maryland, restitution is the process of giving court-ordered payments to the victim of a crime. These payments are in addition to any other criminal penalties like prison sentences or fines.

When Can Restitution Be Part of a Criminal Penalty in Maryland?

There are specific circumstances when restitution can be part of a criminal penalty in Maryland. These circumstances are outlined in Md. Code, Crim. Proc. Art., § 11-603. Our Easton criminal defense lawyers can examine your case to figure out if it meets this set of criteria. If it does not, and you have been ordered to pay restitution anyway, you may be able to challenge the restitution order in court.

Stolen or Damaged Property

One of the most common reasons for restitution is repaying a victim for stolen or lost property. Often, restitution is ordered because the property in question cannot be replaced. For example, if you stole a victim’s car and took it to a chop shop, the car cannot be given back. Accordingly, you may be ordered to pay the value of the car to the victim as restitution.

Financial Loss of the Victim

If you caused the victim financial loss, you may be ordered to pay that loss as restitution. Generally, this refers to the cost of medical bills associated with criminal conduct. However, it can apply to other things. For example, if the victim missed work and could not earn money because of your criminal acts, you could be ordered to pay the amount of income the victim would have earned as restitution. This also covers financial losses associated with funeral costs if the victim was killed as a result of the criminal conduct.

Government Expenses

Finally, you may be ordered to pay restitution to the government if your criminal acts cost the government of Maryland money. Generally, this refers to the removal of wrecked vehicles from roads and highways. For example, if you crashed your car while driving drunk and then fled the scene, you may have to pay restitution to the Maryland government entity that towed your car off the road and cleaned up any debris at the site of the accident.

Who is Restitution Paid to in Maryland?

The payment of restitution in Maryland is outlined in Md. Code, Crim. Proc. Art., § 11-606. Depending on what the court feels is best, you can be made to pay restitution to a number of different parties. Often, restitution is literally paid into a fund that pays the party, so your payment might be a bit indirect.

The Victim

The most obvious person or entity you may have to pay restitution to in a Maryland criminal case is the victim of the crime. One of the main goals of lawsuits is to make victims “whole” again. That means that the court tries its best to put them in the position they were in prior to being wronged, injured, or the victim of a criminal act. Especially in criminal cases, putting the victim exactly back where they were is not literally possible, so financial payment is used as a proxy to make the victim whole again – or at least close to it.

A Government Body

You may also be ordered to pay restitution to a government body. Md. Code, Crim. Proc. Art., § 11-606(a)(2) specifically lists the Maryland Department of Health and the Criminal Injuries Compensation Board as possible government entities you may need to pay restitution.

A Third Party

This is a large category, but some third parties you may need to pay restitution to are outlined by statute. First, you may need to pay restitution to an “insurer.” This means a bank, insurance company, or any other entity that puts money upfront to guard against a risk. Second, you could be ordered to pay restitution to someone who provided compensation to the victim. For example, if you assaulted a victim and a friend of the victim paid their hospital bills, you may need to pay restitution to the friend.

Restitution and Civil Actions

Per Md. Code, Crim. Proc. Art., § 11-603(c)(1), restitution payments do not prevent the victim from filing a separate civil action for their injuries. This is because, in general, most financial compensation to a victim comes from a civil suit. An example of a civil suit being attached to a criminal trial would be if you hit someone while drunk driving and they had to have surgery and physical therapy to recover. The result of the combined criminal and civil cases could mean criminal penalties, restitution payments, and, in addition, damages you need to pay the victim/plaintiff in the civil lawsuit.

Call Our Maryland Criminal Defense Lawyers Today

Rice, Murtha & Psoras’s Baltimore criminal defense lawyers can help you with your needs when you call (410) 694-7291.