Posted May 24, 2019 at 3:33pm.
Redress is money that a criminal suspect may have to pay as part of a guilty plea or conviction. The amount depends on how much the victim has lost as a result of a crime. For example, if a defendant stole a television or caused property damage, they may be ordered to pay the value of the television or the cost of the damage as redress. Compensation can then be made into a special condition of probation.
How is the restitution calculated?
Georgian jurisprudence makes it clear that the amount of compensation ordered may be equal to or less than the victim’s damage, but no more. Generally, the prosecutor speaks with the victim to decide on redress and is given a total of the damage caused by the conduct. However, if the defendant does not agree to the amount in question, Georgia Code 17-14-7 allows the defendant to request a redress hearing.
In the reparation hearing, the state has the burden of proving the amount in question by preponderating the evidence. The defendant is obliged to present his available financial means. The judge then has to issue a decision with a written statement of fact. It is also important to note that evidence presented at trial cannot be used in lieu of a redress hearing.
In making their decision, the judge must consider the following factors:
- The financial resources and other assets of the offender or the person ordered to pay redress, including whether any of the assets are jointly controlled;
- The earnings and other earnings of the offender or the person sentenced to redress
- Any financial obligations of the offender or the person ordered to pay reparations, including obligations to dependents
- The amount of damage
- The goal of reparation to the victim and the goal of rehabilitation of the offender
- Any refund previously made
- The period during which the deferral order is in effect
- Other factors that the issuing authority deems appropriate
If you or someone you know plans to plead guilty but disagrees with the amount of restitution, hire a Georgia criminal defense attorney to help negotiate restitution or conduct a reconciliation hearing.
