Oklahoma City, OK asked in Criminal Law for Oklahoma

Q: An offender tore up a house(removed wall) committing crime. Is not charged RESTITUTION. Why is this

Related Topics:
1 Lawyer Answer

A: That’s a very Interesting question. There are a variety of reasons that factor into whether or not someone charged with a crime owes any restitution at all in the first place. Then there are questions surrounding the manner in which their restitution is to be measured. There are instances where although restitution is appropriate and can be quantified, however the defendant simply has no means to pay as in a situation involving homelessness, or indigency.

I think we would definitely need some additional information in order to give you the best possible answer to your question. And of course, ultimately the decision rests not with the victim, but with the prosecuting authority (usually the district attorneys office) along with the judge assigned to the case.

In order to get the best possible answer to your question it would be wise to contact a seasoned criminal defense attorney and supply them with all of the pertinent facts of the case.

I wish you the very best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.