Tag: criminal procedure

Can someone be required to pay “restitution” for a crime?

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.

What happens if a crime occurs in a courthouse?

Obviously, a courthouse generally is a place where there are numerous witnesses and surveillance cameras. It is also a place that is generally filled with police or court officers. If a crime is alleged to occur in a courthouse, it can be hard to defend for those reasons alone.

Additionally, there is sometimes a concern about whether you would get a fair trial in the same court where a crime allegedly occurred. Court personnel could be witnesses and could play roles in the prosecution, trial or sentencing. It is easy to imagine a situation where decision makers could be improperly influenced by their own personal or professional relationships with their coworkers who could be witnesses, or even victims.

Under the Massachusetts Rules of Criminal Procedure, you are entitled to ask that a case such as this be transferred to another court. Essentially, there would need to be a finding of prejudice against you in the court that would otherwise have jurisdiction over the charge. The transferring of venue, enumerated in Massachusetts Rule of Criminal Procedure 37, is not mandatory however, and generally must be requested by the defense. It would be a good idea to have a knowledgeable attorney by your side to properly advocate for this kind of relief and to ensure your fair treatment in court.