How Does Restitution Work in a Florida Criminal Case?
In a Florida criminal case involving injury to a person or property damage, the state may seek restitution as part of a defendant’s sentence upon conviction. Restitution is simply an amount of money the defendant must pay the victim to “make them whole” for their losses. It is similar to damages awarded in a civil trial, except that restitution is part of a defendant’s criminal sentence.
Appeals Court Overturns Restitution Order Due to Improperly Admitted Report
Even when the state proves the defendant’s guilt for the underlying crime, however, prosecutors still need to prove that the defendant caused the actual damages for which restitution is sought. The judge cannot simply take the government at its word. And the defense is allowed to cross-examine and challenge any evidence introduced with respect to restitution.
A recent decision from the Florida Fourth District Court of Appeal, Perez v. State, provides a case in point. This particular case involved a defendant convicted of DUI. Prosecutors alleged that while driving under the influence, the defendant struck and damaged a sheriff’s office patrol vehicle. The trial court ordered the defendant to pay $3,416.36 in restitution to the sheriff’s office, ostensibly to repair the damaged vehicle.
But as the Fourth District explained in its decision, the state failed to prove “that the vehicle for which the state had sought restitution was the vehicle which the defendant had damaged.” Before the trial court, the prosecution called two witnesses. These witnesses testified that they personally oversaw the repairs of a sheriff’s office vehicle, identified in court records as “Unit 4621.” One of the witnesses owned the body shop that repaired Unit 4621. He confirmed that he billed the sheriff’s office $3,416.36 for the repair work, which was paid in full.
The problem, according to the trial transcript, was that the state failed to establish that Unit 4621 was the sheriff’s office vehicle allegedly struck by the defendant. After the state rested its case, the defendant’s attorney pointed this out. The judge then asked the prosecutor about this oversight. At that point, the prosecutor said there was an accident report identifying Unit 4621 as the vehicle in question. The defense objected, pointing out this accident report had not been properly entered into evidence. The judge, however, decided to consider the report and subsequently ordered the defendant to pay restitution.
The Fourth District agreed with the defense that this was improper. The state screwed up. It should have introduced the accident report during the presentation of its case at the restitution hearing. It failed to do so. The trial judge could not simply overlook this omission. Florida law requires “substantial, competent evidence” to support a restitution order. Here, absent the improperly admitted accident report, there was no evidence at all tying the defendant to the damaged vehicle. So the appellate court reversed the restitution order.
Contact a Fort Lauderdale DUI Lawyer Today
Drunk driving cases often carry significant consequences in Florida. It is therefore crucial to work with an established Fort Lauderdale DUI lawyer who can assist you in seeking a favorable resolution to your case. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.
