fiverestitutionruLesforfLoridacriMinaLdefenseLawyers
Criminal law Section Co-Chairs: LilyMcCarty – Hines, McCarty & Pavlidis, PLLC & SamathaWard – Lorenzo & Lorenzo
Defense counsel should prioritize restitution throughout representation in a criminal case. Section 775.089, Florida Statutes, governs restitution in Florida criminal cases and places important limits on what the State may recover. This article provides five restitution rules Florida criminal defense lawyers must follow before sentencing or advising a client to plead guilty.
Rule One: Identify the claimed losses early and challenge any loss that is not significantly related to the charged offense.
The State cannot obtain restitution for every loss a victim claims. There must be a significant
relationship between the claimed loss and the offense for which the defendant is being sentenced.
In Franklin v. State, 391 So. 3d 544( Fla. 2d DCA 2024), the victim claimed an additional $ 2,500 loss at the restitution hearing. The Second District struck that amount because the State failed to show that the $ 2,500 loss was significantly related to the crimes for which Franklin was convicted.
Rule Two: Demand documentation of every
restitutionshouldnever beanafterthoughtin acriminalcase. addressingitearlyallows defensecounseltoidentify unsupportedlosses, correctinflatedclaims, andresolverestitution issuesbeforetheybecome aproblematsentencing. claimed medical or psychiatric expense and challenge expenses that are not accurate or significantly related to the offense.
Restitution is not limited to property damage. When an offense results in bodily injury, § 775.089( 2)( a), Florida Statutes, authorizes restitution for necessary medical or psychiatric care.
Rule Three: Put the State to its burden. Require proof that every claimed loss is accurate and significantly related to the charges.
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