In South Carolina, people who have committed a crime and who caused a loss or harm to a victim can be ordered to pay restitution. Restitution is the money you pay to compensate someone for their losses. It is supposed to restore the victim to their original position. 

Oftentimes, the Courts will Order restitution as a condition of probation.  Failure to pay restitution can be seen by some Judges as worse than failing to pay probation fees, because in those cases the convicted person is continuing to fail to make the victim whole. Of course, a defendant may not have the resources to make the victim whole immediately and the Courts will inquire as to the willfulness of the probationer’s failure to pay restitution. 

A defendant is jointly and severally liable with his co-defendants for the payment of restitution to a victim. This means that if a defendant only caused a little bit of loss, but a co-defendant caused a big amount, both defendants owe the whole amount until the victim is paid the entire amount of restitution. 

Sometimes, there is a dispute about the amount of restitution owed. The Court may accept a Guilty Plea, and order a restitution hearing. This is where the Court considers the evidence and determines the amount of restitution owed. An attorney can help you challenge the amount of restitution you might owe. An example of a legitimate dispute might be about the value of a stolen vehicle. Just because a car cost a lot of money when it was purchased doesn’t mean it’s still worth the same amount. The Court orders restitution for the purpose of justice and equity, not for the purpose of giving a windfall to the Defendant. 

Sometimes, a Defendant may agree that they are civilly liable for the damages to a victim, but deny any criminal liability. In those cases, the Defendant may go ahead and pay restitution through their Attorney as part of the resolution of their case. 

The right criminal defense lawyer for you will help you understand the restitution that will be involved with your case. Hiring an experienced criminal defense lawyer who understands restitution can be helpful.