Restitution is money awarded to crime victims as part of an offender’s sentencing order. While many victims can pursue their rights in civil court, theft cases often involve criminal restitution awards to compensate victims for the value of the stolen property. You must make restitution payments while under supervision (on parole) and cannot get these orders discharged in bankruptcy.
The dedicated Atlanta theft defense lawyers at Ghanayem & Rayasam may be able to have restitution waived in theft cases by locating the stolen property or successfully defending against the charges. Discuss your options for avoiding or reducing court-ordered restitution in Georgia with our experienced white-collar defense team by calling (404) 561-0202 or connecting with us online.
Georgia Theft Cases with Potential Court-Ordered Restitution
Theft involves the unlawful taking or conversion of goods, money, or services in Georgia. If you’re convicted of one of the following theft-based offenses, the court will most likely order restitution:
- Robbery and burglary
- Fraud
- Embezzlement
- Failing to pay for services
- Shoplifting
- Avoiding payments
- Receiving stolen property
- Bringing stolen property into Georgia
- Identity theft
- Theft of trade secrets
- Extortion
- Grand theft auto
The sentencing range in most theft cases depends on the actual or market value of the stolen or converted property. The court will generally determine the property’s value during sentencing proceedings and order restitution as appropriate.
Procedures for Ordering and Paying Restitution in Georgia
Theft victims, generally through Atlanta prosecutors, must submit an itemized list of their financial losses to the sentencing court. This list could include direct losses, such as the value of the stolen property, plus incidental claims for investigative fees and repair costs. The court will also consider the offender’s financial situation, including income, assets, family support obligations, and upcoming incarceration.
Because theft offenses are crimes against property, most Atlanta courts order restitution. Offenders must make court-ordered restitution payments during supervision, generally starting 90 days after being released or paroled. Restitution begins at a minimum $30 per month, depending on your income and earning capacity.
Defending Against Restitution Orders in Atlanta
You have the right to be heard during sentencing proceedings. This includes the right to retain expert witnesses to challenge the assessed value of the stolen property. Doing so might result in both a lower restitution order and a more lenient sentencing classification. For example, proving the value of a stolen bicycle is under $1,500 makes theft a misdemeanor, rather than a felony offense.
Further, if the stolen property is later recovered, the victim cannot ‘double dip’ and request its full value. He or she may, however, demand restitution for any repair, rental, or other costs incurred due to the theft. Experienced restitution defense lawyers might also use property recovered after sentencing to reduce or eliminate your restitution order.
Atlanta Theft and Restitution Defense Attorneys
If you refuse to make your restitution payments, the court could revoke your parole. Working with the experienced theft defense lawyers at Ghanayem & Rayasam to challenge the value of stolen or converted property during sentencing proceedings may result in more manageable orders and even reduced sentences. Discuss how restitution works in Georgia theft cases with our experienced Atlanta, GA., criminal defense team today by calling (404) 561-0202 or contact us online.