Can a Criminal Conviction Expose You to Civil Damages Liability in Florida? |
Posted: May 26, 2017 |
In the state of Florida, if you have been convicted of a crime, then — depending on the circumstances of the case and the losses suffered by the victims — a restitution order may be entered against you in order to help compensate the victims for their various damages. As such, even if we do not consider the potential financial liability that a Florida criminal defendant could be exposed to in the event of a civil lawsuit, the defendant can be forced to pay restitution to the victim after a criminal conviction. The law surrounding Florida restitution can be a bit overwhelming at first, so let’s move forward carefully. Restitution at a Glance Pursuant to Section 775.089 of the Florida Statutes, a court shall order a criminal defendant to make restitution to the victim for damage caused by the defendant’s offense, and for damage related to the defendant’s criminal episode. The court is required to order such restitution unless it finds clear and compelling reasons not to do so. Payment may be monetary or nonmonetary and, further, the consistent payment of restitution may be made a condition of probation. A “victim” — in the context of restitution — is any and all persons who suffer property damages, expenses, injuries, or death as a result of the defendant’s criminal conduct. If the victim has died, the criminal defendant is not necessarily let off the hook for restitution. The victim’s estate or next of kin may take on the role of the “victim” for the purpose of recovering restitution damages. Restitution must be made no later than the end of probation, five years after the end of the term of imprisonment, or five years after the date of sentencing — whichever applies to the circumstances at-hand. Restitution damages may include, but are not necessarily limited, to:
In the event that you’re ordered to pay restitution to the victim(s), the victim may still be entitled to civilly sue you (if there is a basis for such claims) and recover damages. You are not, however, required to “double pay” the victim for their losses. If you have paid restitution to the victim, then the restitution amount will be subtracted from the overall damages recoverable by the plaintiff-victim in the civil suit. Civil Restitution Lien If you do not have the funds necessary to pay restitution, the victim may file a civil restitution lien, and the court may issue such order. The lien will attach to your real or personal property assets (present and future) so that the lien will be satisfied by the accrual. The lien will last for a period of 20 years after the date of entry of the civil restitution lien. Upon conviction, Florida offenders are saddled with civil liability for damages and losses suffered by the victim(s). The conviction may also effect whether the offender can deny allegations of the offense in subsequent civil proceedings. Fundamentally, the outcome of your criminal case can result in a wide range of civil consequences, both financial and legal in nature. As such, it is critical that you seek the consultation of a skilled criminal defense attorney for guidance as you move forward with your case.
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