When you’re dealing with the aftermath of an incident that has led to both criminal and civil cases, the question of whether to pursue restitution in the criminal case often arises. Restitution can seem like an attractive option, but it’s important to understand both the benefits and potential drawbacks, especially when you also have a civil claim pending against the defendant. Additionally, making a victim impact statement during the criminal proceedings can play a crucial role in both your emotional recovery and the legal outcome. However, this too has its pros and cons.
What is Restitution in a Criminal Case?
Restitution is a court-ordered payment that the defendant must make to compensate the victim for financial losses directly resulting from the crime. In Washington State, restitution is typically limited to out-of-pocket expenses such as medical bills, lost wages, and property damage.
The Role of a Victim Impact Statement
Before sentencing in a criminal case, victims often have the opportunity to make a victim impact statement. This is your chance to explain to the court how the crime has affected your life—emotionally, physically, and financially. While this statement doesn’t directly influence the amount of restitution, it can help the judge understand the full scope of the harm you’ve suffered, which may indirectly impact the severity of the defendant’s sentence and the likelihood of restitution being ordered.
Why Consider Making a Victim Impact Statement?
- Emotional Closure: Speaking about your experience can provide a sense of closure and help you feel heard in the justice process. It allows you to articulate the personal impact the crime has had on you, which can be an essential step in your recovery.
- Influencing the Court: While restitution amounts are typically based on documented financial losses, your statement can highlight the broader effects of the crime. This may encourage the court to take a more serious view of the offense, potentially leading to a more comprehensive order of restitution or a stricter sentence.
- Public Record: Your statement becomes part of the official record, ensuring that your experience and the crime’s impact on you are formally acknowledged.
Cons of Making a Victim Impact Statement
- Emotional Toll: Reliving the traumatic event in detail can be emotionally taxing. For some victims, this process can reopen wounds and lead to increased stress or anxiety, especially if the crime has had a severe impact on their mental health.
- Public Exposure: Victim impact statements become part of the public record. If you’re concerned about privacy or the potential for your statement to be accessed by others, this could be a drawback. The defendant, their legal team, and the public may have access to your statement, which could be uncomfortable depending on the nature of the crime and your personal circumstances.
- Potential Retaliation: In some cases, especially where the defendant or their associates might harbor ill feelings, there could be a fear of retaliation. Although rare, the possibility of intimidation or further harassment might make some victims hesitant to speak out.
- Limited Legal Impact: While a victim impact statement can influence sentencing, it does not always have a direct impact on the amount of restitution or the outcome of the case. Some victims may find the process disappointing if they expected their statement to have more weight in the final decision.
- Inconsistent Judicial Responses: Judges vary in how much weight they give to victim impact statements. Some judges might be highly sympathetic, while others might focus more on the legal aspects of the case, leading to a sense of frustration if you feel your voice wasn’t fully heard.
Pros of Seeking Restitution
- Quicker Resolution: Criminal cases often move faster than civil lawsuits. If the court orders restitution, you may receive compensation sooner than you would through a civil claim.
- Guaranteed Payment: If the court orders restitution, it becomes part of the defendant’s sentence. This means the court can enforce the payment, potentially providing you with a more reliable means of collecting the money owed.
- Less Burden on You: Unlike a civil case, where you may need to take a more active role in the litigation process, restitution is handled as part of the criminal proceedings. This can reduce the emotional and logistical burden on you.
- Reduced Legal Costs: Seeking restitution in a criminal case does not typically involve the same level of legal fees as a civil lawsuit, which can be an advantage if you’re concerned about the financial strain of lengthy litigation.
Cons of Seeking Restitution
- Limited Compensation: Restitution in a criminal case is usually limited to specific financial losses directly related to the crime. It does not cover non-economic damages such as pain and suffering, emotional distress, or punitive damages, which you might recover in a civil claim.
- Impact on Civil Claim: If you receive restitution, it could potentially reduce the amount you can recover in your civil lawsuit. Courts may offset the restitution received against any damages awarded in the civil case, potentially lowering your overall compensation.
- Dependency on Criminal Outcome: Restitution is contingent on a criminal conviction. If the defendant is acquitted or if the charges are dropped, you won’t receive restitution. This uncertainty can add stress, especially when your focus should be on recovery.
- Possibility of Lower Awards: The criminal court’s primary focus is on penalizing the defendant, not on compensating the victim. This can result in lower restitution awards compared to what you might achieve through a civil claim.
Weighing Your Options
Deciding whether to pursue restitution as part of a criminal case when you also have a civil claim is not a one-size-fits-all decision. It requires careful consideration of your specific circumstances, including the severity of your losses, the likelihood of a substantial civil award, and your personal and financial needs.
Making a victim impact statement and pursuing restitution might be the quickest way to receive financial compensation and achieve a sense of justice. However, it’s important to weigh the potential emotional toll, privacy concerns, and the possibility of limited impact. On the other hand, focusing on a civil lawsuit might offer the potential for a more comprehensive recovery, addressing both your economic and non-economic losses.
Conclusion
Before making a decision, it’s essential to consult with an experienced attorney who can help you weigh the pros and cons in the context of your unique situation. At Scott & Scott, PLLC, we understand the challenges you face and are here to guide you through the legal process, helping you make the best decision for your circumstances. Whether you’re considering restitution, a civil claim, or both, we’ll work with you to pursue the compensation you deserve.
