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Costs and fees – These may include court costs, fees for supervision, payments for legal representation. They are imposed to help reimburse the state for costs incurred. Restitution – Victims may be awarded payments as a way to compensate them for losses, either through direct payments for individuals or through payments into a general fund ...
Restitution often involves replacement of stolen or damaged property or reimbursement of costs that the victim incurred as a result of the crime. A court is required under current state law to order full restitution unless it finds compelling and extraordinary reasons not to do so. [38] Sometimes, however, judges do not order restitution.
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
Lupas sentenced Owens to 18 months of special probation with the first four months on house arrest with electronic monitoring, and ordered restitution of $37,986 to be paid to the homeowner. Show ...
For example, failure to pay a fine assessed for a traffic code violation may result in administrative suspension of a driver's license, and further driving after suspension may be a criminal offense. On the other hand, a minimal case may be "put on file", or otherwise suspended for a period during which the defendant may be required to avoid ...
Some state laws apply to only victims of felony offenses, while other states also extend rights to victims of less serious misdemeanor offenses. [19] When a victim is a minor, disabled, or deceased, some states permit family members to exercise rights on behalf of the victim. [19] Common state law protections include the rights to: [19]
R. Kelly and Universal Music Group will have to pay over $500,000 in music royalties to Brooklyn federal prosecutors to help pay for his victim’s restitution and criminal fines. The company is ...
Failure of consideration is a highly technical area of law. Particular areas of controversy include: Whether the failure of the consideration must be 'total', [3] and the scope and meaning of such a requirement; Whether 'consideration' refers not only to bargained-for counter-performance by the defendant, but also a legal or factual state of ...