does anybody have a restitution answer?

Question

ok so my cousin got convicted and was given a slap on the wrist, pay court fine and cost and restitution. they are accusing him of stealing 25,000 but he told his lawyer he took 8....what does he expect to pay back....we are going to help him take out a loan so he can get off probation..i heard judge sometimes sets its for 30 percent

Answer 1

He'll have to have a restitution hearing before the court so the judge can determine how much he should pay back. The 30% condition is not true in my experience, but every judge can do his own thing. If he pays his restitution, he still has to complete the rest of his probation terms before he will be turned loose without supervision. If the person he stole from can prove he took all $25K, that's what he'll have to pay back, if there's a dispute about the amount, the judge will decide and set the amount in a restitution order.

Answer 2

Restitution means making the victim whole, paying back all that he lost.

If there is a difference between what he claims he took and what the victim claims was taken the judge will make a decision on the amount. That much of a difference between what he said and what they say may mean a formal hearing in which the victim presents evidence to the greater loss.

Just paying the restitution probably will not get him off his probation. Usually, restitution is just one of the conditions of probation. Might want to check the other conditions.

Answer 3

When my ex had to pay me restitution,he had to pay back every penny he stole from me.As a victim,I wouldn't settle for anything less than 100%.