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Bouldin Law Firm
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How Does Restitution Work?

In criminal law cases, restitution is often ordered in cases where there is injury to a victim or damage to property of the victim.  In Kentucky, this money is for actual payments or loss incurred by the victim.  Restitution is generally defined in KRS 431.200. Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of probation.... Application must be made within 90 days of sentence and restitution order will be granted.  The Defendant is entitled to a jury trial to assess the amount and value of the property. There are occurrences when the amount of theft, damage or otherwise arises to a felony level.  If restitution is timely made, there a times when the Commonwealth will agree to reduce the charge if restitution is paid in full.  This is not a guarantee and each case is different.  The Commonwealth is under no duty to reduce the charges regardless of restitution. Restitution is often part of the Order in the final judgment of the case. In felony cases, this is included and generally paid through the office of Probation and Parole.  In misdemeanor cases, payment of restitution is a condition of the probated time.  That means if you do not pay the restitution as agreed upon, the Judge may violate your probation or CD time and sentence you to serve the jail sentence.  If you do serve the jail sentence, you are still responsible for payment of the restitution as it is a judgement of the court. If you have been charged with a crime which has possibility of restitution, speak to your attorney about this issue as well. If you need to consult an attorney in Northern Kentucky, call Michael Bouldin at mwbouldin@fuse.net or call at 859-581-6453 . (581-MIKE)

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