Condition of Probation; Restitution
The experienced Palm Beach and Broward County criminal defense attorneys at the Law Offices of Leifert & Leifert deal with criminal and traffic violations of all types. Often, we are able to defend our clients in a manner such that the charges for the alleged crimes are dropped; additionally, we frequently yield results for our clients such that the penalties for the alleged crimes are reduced significantly. A common component of most types of penalties prescribed for a wide range of crimes or infractions, however, is the requirement of a probationary period.
Another common component of the penalty issued for a given crime or infraction, as our Palm Beach and Broward County criminal defense attorneys know, is the order of restitution, as outlined under s. 775.089 of the Florida State Statutes. As the subsection begins, “(1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1. Damage or loss caused directly or indirectly by the defendant’s offense; and 2. Damage or loss related to the defendant’s criminal episode.”
As the section within the Florida State Statutes that deals with conditions of probation stipulates, any restitution that has been ordered in a given case will be a condition of the probation and failure to comply with the restitution may be grounds for a revocation of the probation. The subsection, s. 948.032, reads as follows: “If a defendant is placed on probation, any restitution ordered under s. 775.089 shall be a condition of the probation. The court may revoke probation if the defendant fails to comply with the order. In determining whether to revoke probation, the court shall consider the defendant's employment status, earning ability, and financial resources; the willfulness of the defendant's failure to pay; and any other special circumstances that may have a bearing on the defendant's ability to pay.”
The Palm Beach and Broward County criminal defense attorneys at the Law Offices of Leifert and Leifert know that the revocation of probation can be detrimental to the criminal record of an individual; we also know that it can be a dark stain on their reputation. One of the ways that probation can be revoked, as described above, is if the defendant fails to comply with the restitution order. The court, though, may not make this decision to revoke probation without proper consideration. The court must analyze a variety of factors, as listed above, in attempting to determine whether the failure to comply with restitution was truly the fault of the individual ordered to pay restitution or whether the fact that the restitution was not paid was merely a consequence of poor circumstances.
If you have been ordered to pay restitution and are on probation in Palm Beach, Broward or Miami-Dade County, you must ensure that you have on your side a skilled legal team such as the group of Palm Beach and Broward County criminal defense attorneys at Leifert & Leifert. Lawyers with experience local legal knowledge can best advocate for your interests in court; their ability to persuade a court of why restitution was not paid may mean the difference between a violation of probation and a clean record for you. For a free consultation, contact us at 1-888-5-DEFEND (1-888-533-3363).