The simple answer is yes, someone who enters into a plea agreement or is convicted of a crime in Massachusetts can be required to pay restitution to any victims of the criminal offense.
Restitution can be ordered after conviction at trial, as part of a plea, or even be part of an agreement with a prosecutor that includes dismissal of the charges.
There are a few things to know about criminal restitution in Massachusetts. First, for restitution to be ordered, a court must find that that the criminal action of the defendant caused the economic damage to the victim. Sometimes, if an amount is not agreed to, the court may hold a full hearing to determine this amount.
Second, a person cannot have their probation sentence extended solely because they are financially unable to pay restitution. If your financial circumstances change during the course of being on probation, it is important to let your probation officer or attorney know immediately.
Third, many offenses could include restitution, even when it may not seem obvious. Driving offenses such as operating under the influence (OUI) or negligent operation are often subject to restitution if there was a car accident involved. Assault and battery charges can include restitution for medical bills. And, more directly, theft offenses, such as larceny or shoplifting can include restitution for stolen property.
It is always important to have an attorney you trust review your case, including to determine if there is a possibility of restitution.
