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When the amount or type of restitution is disputed, the State bears the burden of proving the victim’ s loss by a preponderance of the evidence. § 775.089( 7)( c), Fla. Stat.
Rule Four: Demand evidence of fair market value and challenge inflated property claims.
For damaged or stolen property, do not accept the victim’ s valuation at face value. Require the State to provide evidence of the property’ s fair market value and challenge inflated claims as required by § 775.089( 7)( b), Fla. Stat.
Rule Five: Never plead guilty without knowing the exact amount of restitution.
Before the defendant pleads guilty, defense counsel should identify the specific losses the State will seek. Once the accurate restitution amount is determined, make sure the plea agreement accurately reflects that amount. Getting Restitution Right. Restitution should never be an afterthought in a criminal case. Addressing it early allows defense counsel to identify unsupported losses, correct inflated claims, and resolve restitution issues before they become a problem at sentencing. With careful preparation, restitution can often be narrowed or resolved in a way that compensates the victim while protecting the client.
Author: Michael J. Petro – Federal Criminal Defense Attorney
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