Most people expect a criminal sentence to mean jail, probation, or a fine paid to the court. Then the judge says one more word: restitution.
Suddenly there is a second bill, sometimes larger than people expect. It may cover a stranger’s car repair, someone’s medical costs, or money a store says it lost. And it can follow you for years if it goes unpaid.
If you are facing charges in Bakersfield, or you have already been ordered to pay, this guide explains what restitution is, how California courts decide the amount, how it differs from a restitution fine, and what you can do if you cannot afford it.
What Is Restitution?
In criminal law, restitution is money a court orders a convicted person to pay to the victim to make up for losses caused by the crime.
The idea is simple: if your actions cost someone money, you pay it back.
In California, this is not just a policy. It is a constitutional right for victims. The state constitution (Article I, section 28, often called Marsy’s Law) gives crime victims the right to restitution from the people convicted of the crimes that caused their losses. The main law that puts this into practice is Penal Code 1202.4. It says a victim who suffers an economic loss from a crime should receive restitution directly from the defendant convicted of that crime.
Simple example: Alex is convicted of vandalism in California for damaging a neighbor’s fence. The fence costs $1,800 to replace. The judge can order Alex to pay that $1,800 to the neighbor as restitution, on top of any other part of the sentence.
Restitution shows up in many kinds of cases, including theft, vandalism, fraud, hit and run, DUI crashes, and assault.
Victim Restitution vs. Restitution Fine: Two Different Bills
This is where many people get confused. In California, a sentence can include two separate charges with similar names. The California Victim Compensation Board explains both:
| Point | Victim restitution | Restitution fine |
| Who gets the money | The victim (or someone who paid the victim’s costs) | The state Restitution Fund, which helps crime victims in general |
| Is there always a victim? | Only when someone suffered a money loss | Imposed in felony and misdemeanor convictions, even with no direct victim |
| How much | The full amount of the victim’s economic loss | Misdemeanor: $150 to $1,000. Felony: $300 to $10,000 |
| Main law | Penal Code 1202.4(f) | Penal Code 1202.4(b) |
There can also be a matching fine tied to probation or parole that is suspended and only kicks in if that supervision is revoked.
Example: Dana is convicted of a misdemeanor theft from a store. She may owe the store the value of what was taken (victim restitution) and also a restitution fine of at least $150 to the state. They are two separate amounts on the same sentence.
What Can Restitution Cover?
Under Penal Code 1202.4(f), the court must order restitution for the full amount of the victim’s economic loss. “Economic loss” means real money costs, not hurt feelings. Common examples include:
- Stolen or damaged property. The value of what was taken, or the cost to repair or replace it.
- Medical bills. Treatment costs caused by the crime.
- Counseling costs. Mental health treatment for the victim.
- Lost wages. Pay the victim lost because of injury or time spent on the case.
- Unpaid restitution can build interest at 10% per year.
- Collection costs. In some cases, reasonable attorney fees the victim paid to collect.
Pain and suffering is generally not part of criminal restitution. The Victim Compensation Board notes that non-economic losses, like psychological harm, can only be ordered for certain serious felony child sex crimes.
How is the amount decided?
The amount is usually based on what the victim claims, backed by receipts, repair estimates, or medical bills. If the loss is not known at sentencing, the judge can set the amount later.
Two rules often surprise people:
- Your ability to pay does not lower the amount. The law says inability to pay is not a factor when setting victim restitution. It can matter for how and when you pay.
- Insurance does not cancel it. The Victim Compensation Board explains that a restitution order is separate from insurance benefits. If an insurer paid the victim, the insurer may be entitled to be repaid.
You have the right to challenge the amount. You can ask for a restitution hearing, where the judge reviews the proof and decides the correct figure. Inflated or unrelated costs can be reduced at this stage.
What Happens If You Cannot Pay Restitution?
This is one of the most common worries, and the answer is more hopeful than many people expect.
- Payment plans are common. Restitution is often paid over time while you are on probation.
- You should not be jailed only for being poor. In Bearden v. Georgia, the U.S. Supreme Court held that a court cannot revoke probation and jail someone simply because they cannot pay, if they made real efforts. Willfully refusing to pay is treated very differently and can lead to a probation violation.
- Victim restitution does not disappear when probation ends. A restitution order can be enforced by the victim like a civil court judgment. That can mean wage garnishment or liens. (A restitution fine paid to the state works differently. It can no longer be collected 10 years after it was imposed.)
- Unpaid restitution does not block an expungement. Under Penal Code 1203.4, a request for dismissal cannot be denied just because restitution or a restitution fine is still unpaid. You can still get an expungement in California, but you still owe the money afterward.
- Bankruptcy usually will not erase it. Criminal restitution is generally treated as a debt that bankruptcy does not wipe out.
How a Defense Lawyer Can Help With Restitution
Restitution is not just a number the court hands you. There is often room to question it. A lawyer can:
- Check the proof. Ask for receipts, estimates, and bills, and point out costs that are too high or not caused by the crime.
- Request a hearing. Challenge the amount in front of the judge instead of accepting the first figure.
- Negotiate as part of the case. Restitution terms can be discussed along with the charges during plea talks.
- Explore a civil compromise. In some misdemeanor cases, paying the victim back early may lead to a dismissal. This is one of the ways petty theft charges can be dropped in certain situations.
- Set up a realistic payment plan. Ask the court for terms you can actually meet, so you stay in good standing on probation.
Frequently Asked Questions About Restitution
What is a restitution hearing?
A restitution hearing is a court hearing where the judge decides how much restitution you owe. The victim or prosecutor presents proof of the loss, and you or your lawyer can question it. The judge then sets the final amount.
Can you go to jail for not paying restitution?
Not simply for being unable to pay. The U.S. Supreme Court has said probation cannot be revoked just because a person is too poor to pay, if they tried in good faith. But willfully refusing to pay when you can afford it may be treated as a probation violation.
If I pay restitution, can charges be dropped?
Sometimes, but only in limited cases. California’s civil compromise law (Penal Code 1377 and 1378) lets a judge dismiss certain misdemeanors if the victim confirms they have been paid back. It does not apply to every charge, and the judge has the final say.
What happens if you don’t pay restitution on time?
Unpaid restitution can grow with interest at 10% per year. If you are on probation and could pay but choose not to, the court may treat it as a probation violation. After probation ends, the victim can still collect the balance like a civil judgment.
Do you have to pay restitution before getting an expungement?
No. Under Penal Code 1203.4, a request to dismiss a conviction cannot be denied just because restitution or a restitution fine is unpaid. The debt itself still remains after the dismissal.
Can I owe restitution for a charge that was dropped?
Possibly. As part of a plea deal, you may be asked to agree to a “Harvey waiver.” This lets the judge consider dismissed charges when setting restitution. Read your plea form carefully and ask your lawyer if it includes one.
How do you pay restitution if you are in jail or prison?
Under Penal Code 2085.5, the state prison system, and county jails in some felony cases, can take part of your wages and trust account deposits toward restitution. The deduction is generally at least 20% and no more than 50%. You can also make voluntary payments.
Ordered to Pay Restitution in Bakersfield? Talk to Us First
Restitution can shape your finances for years. The good news is that the amount is not always final, and the right approach early in your case can make a real difference.
The Law Office of David L. Faulkner handles cases where restitution often comes up, including theft, fraud and white collar crimes, and hit and run. We will review the numbers, challenge what does not add up, and help you find a plan that works.
Call (661) 324-4777 for a free, confidential consultation or contact us online.
