In some circumstances, a defendant who is convicted of a crime and given a suspended sentence or sentenced to probation can be required to make restitution. If you are required to make restitution, you may be required to execute an assignment of wages that you earn while on probation.
The costs of making restitution can be substantial, and it is important to do everything possible when you are first accused of a crime to try to avoid being convicted and subject to penalties. Unfortunately, sometimes a conviction occurs or you decide to plead guilty and in such cases, probation can be your best option to avoid jail time. If you’re sentenced to probation and must make restitution, you need to comply with the requirements to avoid more serious consequences.
LV Criminal Defense can provide comprehensive assistance in trying to avoid conviction, or in arguing for a lenient sentence and minimal probation conditions if you’ve been found guilty of a crime. We can also provide help in complying with the required probation terms and in responding when an accusation is made that you haven’t fulfilled any of your probation obligations. Give us a call for assistance with all aspects of the probation process and to get an advocate on your side throughout the entirety of your involvement with the criminal justice system.
Nevada Revised Statute section 176A.430 provides details on restitution as a condition of probation. According to the relevant statute, the court can order a defendant to make full or partial restitution as a condition of probation, unless the court finds that making restitution is impractical. The court will list the person(s) to receive restitution in the court order. The court will also specify the amounts in the court order.
When determining the amount of restitution that must be paid, the court can consider any costs incurred by victims for medical or psychological treatment if the defendant caused the victim to experience harm. To ensure that the restitution is paid, the court may mandate the defendant execute an assignment of wages, which would mean the money would be taken directly out of the earnings due to the probationer.
The money for restitution can be deposited to the state treasurer to be put into the Restitution Trust Fund. This is optional if there is one victim due restitution and required if restitution is received for more than one victim. If the person who restitution was owed to has not been located within three years from the time the defendant has paid restitution and been discharged from probation, then the money which the defendant paid has to be deposited with the state treasurer so the money can be credited to the Fund for the Compensation of Victims of Crime.
If there is no restitution required, the court should provide details regarding why it believes restitution is impractical when it makes its order for probation or a suspended sentence. If restitution is required, failure to comply with the court order for restitution is considered a violation of probation unless economic hardship made it impossible for the defendant to pay the required amount. A defendant experiencing economic hardship who cannot pay the amount due is entitled to a hearing so he can show that economic hardship prevents him from paying.
If you are facing charges, get help from LV Criminal Defense as soon as possible. Whatever phase of your criminal case you are in, we can provide you with comprehensive advice and assistance to stay out of jail, minimize penalties, and resolve your involvement with the criminal justice system as soon as possible. Give us a call today to find out more.