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What Role Does Restitution Play in Oregon’s Sentencing Guidelines?

March 29, 2024 Uncategorized

What is Restitution and How Does it Work in Oregon?

When someone commits a crime in Oregon that results in financial losses for the victim, the court will often order the offender to pay restitution as part of their sentence. Restitution is money paid by the offender to the victim to compensate for economic damages caused by the crime. The basic idea behind restitution is to make the victim “whole” again financially, as much as possible. For example, if someone stole and totaled your car, restitution could cover the cost to replace it. Or if you had high medical bills after an assault, the attacker might be ordered to pay those expenses. Oregon law requires judges to order restitution whenever a victim suffers economic damages from a crime, unless the victim agrees to a lesser amount.10 The specific amount is determined by the court based on evidence of the victim’s losses presented by the district attorney.10 So how does the restitution process actually work in Oregon? Here’s a step-by-step breakdown:

  1. After a defendant is convicted of a crime, the district attorney’s office investigates the victim’s economic damages and presents this evidence to the court, usually at the time of sentencing.10
  2. The court reviews the evidence and determines a specific dollar amount for restitution that the offender must pay to the victim. This restitution order becomes part of the offender’s sentence.
  3. If the offender is put on probation, paying the restitution becomes a condition of their probation. If they don’t pay, they can face penalties like fines or even jail time.
  4. The payments go through the court, which then sends the money to the victim.13 The court may allow the offender to pay in installments if they can’t afford the full amount all at once.10
  5. If the offender is in prison, the court can still order them to pay restitution, and the Oregon Department of Corrections can garnish their trust account to make payments.17 However, an incarcerated person’s ability to pay is obviously limited.

One important thing to understand is that restitution is separate from a civil lawsuit. Victims can still sue an offender in civil court for damages, even if restitution is ordered.12 However, any restitution payments received would be subtracted from a civil judgment to avoid double-dipping.

What Kinds of Losses Are Covered By Restitution?

Restitution is meant to compensate victims for “economic damages” – in other words, actual financial losses suffered as a direct result of the crime. This can cover a pretty wide range of expenses, such as:

  • Medical bills for injuries
  • Mental health counseling costs
  • Lost wages from missed work
  • Property damage or loss
  • Funeral expenses in homicide cases

However, restitution doesn’t cover things like pain and suffering, emotional distress, or punitive damages.12 Those types of non-economic damages can only be pursued in a civil lawsuit. It’s also important to have documentation of all losses to give to the district attorney. Things like medical bills, repair estimates, and proof of missed work are crucial for establishing the restitution amount.10 Let’s look at a hypothetical example to illustrate what kinds of losses might be included in restitution:

Imagine your home was burglarized and the thief stole some expensive jewelry and electronics. You took a day off work to meet with the police and insurance company, and also had to pay to replace your broken window and door locks. In this case, restitution could include:

  • The value of the stolen jewelry and electronics
  • Your lost wages from the day off work
  • The cost of the window repair and new locks

However, it likely would not cover things like:

  • The sentimental value of the jewelry
  • The emotional trauma of having your home invaded
  • Any expensive upgrades to your security system beyond basic repairs

So in a nutshell, restitution focuses on tangible financial losses that can be proven and calculated, not more abstract damages. Those are still real losses, of course, but they fall under the “pain and suffering” category that would be addressed in a civil case rather than criminal restitution.

How Much Restitution Can Be Ordered?

In most cases, Oregon courts must order restitution in the full amount of the victim’s economic damages, even if the offender can’t realistically afford to pay it all.10 The one exception is if the victim agrees to accept a lower amount, which sometimes happens in plea deals. While there’s no set maximum amount for restitution in Oregon, it’s ultimately limited by the actual documented losses suffered by the victim. The court can’t just pick a big scary number to punish the offender – it has to be based on real evidence. However, the reality is that many offenders simply don’t have the assets or income to fully compensate their victims’ losses, especially if they’re facing prison time. In those cases, the restitution amount ordered might be more symbolic than practical. For example, let’s say an identity thief steals $100,000 by taking over someone’s accounts, but they’ve already spent all the money and have no way to repay it. The court would still order restitution for the full $100,000, even though the chances of the victim ever seeing that money are slim. On the other hand, if the economic damages are relatively small and the offender has a decent job, there’s a much better chance of restitution being paid in full. It really depends on the specific circumstances of the case.

What Happens if the Offender Doesn’t Pay Restitution?

Failing to pay court-ordered restitution is treated very seriously in Oregon. If someone has the ability to pay but willfully refuses to do so, they can face harsh consequences, including:10

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Fines and fees tacked onto the restitution amount
  • Violation of their probation or parole, which could mean going (back) to jail
  • Garnishment of their bank accounts or wages
  • Seizure of their property
  • Suspension of their driver’s license

Basically, the court has a lot of tools to go after offenders who try to dodge their restitution obligations. And if someone on probation or parole stops paying, they can quickly find themselves back behind bars.However, the key phrase there is “ability to pay.” If an offender genuinely can’t afford their restitution payments, the court may work with them to establish a reduced payment plan.10 Destitute or homeless offenders may have their payments deferred until their financial situation improves. The point of restitution is to help victims recover their losses, not to set offenders up for failure. But those who have the means to pay and choose not to can expect to face serious repercussions.

How Long Does Restitution Last?

In Oregon, restitution orders are enforceable for 50 years from the date of conviction.12  That means the court and the victim have a long time to pursue payment, even if the offender’s sentence has ended. However, once a restitution order expires after 50 years, the victim loses their ability to collect through the criminal court process.12 At that point, any remaining unpaid restitution would become a purely civil matter. While 50 years may sound like a long time, keep in mind that many serious crimes result in very lengthy prison sentences. An offender sentenced to 20 years for a violent crime would still have 30 years left on their restitution order when they’re released. Plus, the court can renew a restitution order for another 50 years if the victim files a request before the original order expires.12 So in practice, restitution can follow an offender for the rest of their life if they don’t pay up.

Real-Life Restitution Examples

To give you a better sense of how restitution works in real criminal cases, let’s look at a few actual examples from Oregon:

Example 1: Embezzlement Case

A bookkeeper embezzled over $150,000 from a small business over the course of three years. She was convicted of aggravated theft and sentenced to two years in prison. The judge ordered her to pay $150,000 in restitution to the business to cover the stolen funds. As a condition of her post-prison supervision, she was required to get a job and pay at least $500 per month toward her restitution.

Example 2: Assault Case

A man was convicted of assault for attacking a stranger outside a bar, causing serious injuries. The victim required surgery and missed several weeks of work during recovery. The court ordered the attacker to pay restitution covering the victim’s medical bills, which totaled $8,000 after insurance. He also had to pay $2,500 in lost wages for the work the victim missed. The restitution was in addition to a three-year prison sentence.

Example 3: Burglary Case

A woman’s home was burglarized and her laptop and jewelry were stolen. The burglar pawned the items for a few hundred dollars before being caught and convicted.At sentencing, the judge ordered the burglar to pay restitution for the full value of the stolen items, which was determined to be $3,000 based on the victim’s documentation. He was also sentenced to 18 months in prison.

As you can see from these examples, restitution is a highly case-specific process that depends on the unique facts of each crime. But the common thread is that offenders are held financially responsible for the damage they cause, even if they’re also facing other punishments.

The Limits of Restitution

While restitution is an important tool for compensating crime victims, it’s important to understand its limitations. No amount of money can undo the trauma of being victimized, and restitution doesn’t cover things like pain and suffering or emotional distress.12 Plus, the sad reality is that many offenders are never able to fully pay off their restitution orders, leaving victims without full compensation. It’s common for restitution to go unpaid if the offender is in prison long-term, impoverished, or simply vanishes off the radar. According to one analysis, only about 15-20% of criminal restitution ordered in Oregon is actually collected.9 Factors like incarceration, indigence, and lack of enforcement all contribute to this low rate. So while restitution can provide crucial support for victims, it’s rarely a complete solution on its own. Those with serious injuries or losses may need to explore other avenues too, like civil lawsuits, victim compensation funds, or insurance claims. At the end of the day, restitution is about holding offenders accountable and providing what relief is possible to victims. It may not make things completely right, but it’s an important piece of the puzzle in the pursuit of justice.

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RAJESH BARUA

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