Money for Justice - Fairfax Criminal Lawyer on Fines & Restitution

Money for justice - Fairfax criminal lawyer on negotiating higher fines for a better outcome, fees, restitution and collateral expenses

Money often plays a substantial role in negotiating Virginia criminal cases, and with fines, fees and restitution. As a Fairfax criminal lawyer, I know that my clients with sufficient assets often prefer spending funds to avoid a conviction, to negotiate reducing their criminal charge to a less serious count, and to avoid or minimize incarceration. On top of that, funds often are needed to pay for substance programs, mental health evaluations and treatment, and other conditions of probation. Of course, an outright unconditional dismissal or acquittal avoids all of those expenses.

Should I feel discomfort that money can sometimes obtain more justice?

A now-retired Fairfax General District Court judge would tell defendants that he does not agree to levy a higher fine in order to reduce points for moving violation cases, because only those with sufficient assets could benefit from such an arrangement. Nonetheless, unless we were to have a system that pays government funds to offset the fees of privately hired Virginia criminal defense lawyers by those who do not qualify for public defender / court-appointed counsel (such a system will not happen in Virginia), having money to obtain justice in one's case starts with one's ability for financial resources not to stand in the way of obtaining the right lawyer for them. For myself, it is oversimplified for me to suggest that I paid my dues by serving indigent criminal defendants for five year as a public defender lawyer. Doing selected pro bono work is important for lawyers, who already have legal protection for charging higher fees than they could withstand the marketplace if the barriers were lower for being able to provide attorney services. When you are a Virginia criminal defendant, the prosecution and police are bringing their financial and authoritative power to bear against you, and you have the option to feel entitled to fully defend yourself, rather than withholding your own war chest on the basis of other criminal defendants' limited financial resources.

Your criminal defense budget covers your attorney fees, fines, costs, any restitution, any program expenses, and any collateral expenses

When your criminal lawyer obtains an outright acquittal or dismissal against your Virginia DUI, felony or criminal prosecution, you owe no funds to the court. Virginia's satisfaction and discharge / accord and satisfaction law permits a Virginia misdemeanor defendant and his or her alleged civilian victim to settle the matter for money and/or other lawful conditions on the condition that the judge dismiss the case on the alleged victim's request. Virginia Code § 19.2-151. In Fairfax criminal court dates in General District Court, the judges can ordinarily be expected to grant such requested dismissals. Virginia Code. If you are convicted of Virginia DUI or a drug offense, respectively you will be required to attend and pay for the Virginia Alcohol Safety Action Program (VASAP) (and sometimes also a private program for repeat Virginia DWI convictions and/or particularly high blood alcohol concentration (BAC) results from the Department of Forensic Science (DFS). Restitution may also be required for certain sentences, as addressed below.

When may my sentencing judge order restitution against me?

Agreeing to pay an agreed restitution amount of money can assist with Virginia criminal case settlement negotiations. When restitution is not part of plea negotiations, ta least where a Virginia criminal defendant has been convicted of criminally wounding another person, the victim in a 2023 appellate case "'incurred' the medical expenses for the treatments that he received as a result of Puckett’s [defendant's] brutal knife attack. The fact that DMAS paid for some of these expenses through an agreement with the medical providers does not undermine this premise, just as the payments by the private insurers in Bowers and Hodges or the contractual indemnitor in AV Automotive, LLC did not change the fact that expenses had been incurred." Commonwealth of Virginia v. Puckett, ___ Va. ___ (Nov. 22, 2023). 

What if my best efforts prevent me from paying my court fines and court-ordered restitution, whether on or off schedule?

If you cannot afford the money to pay court fines and restitution, whether on schedule or even delayed, the Supreme Court confirms that: "If a State determines a fine or restitution to be the appropriate and adequate penalty for the crime, it may not thereafter imprison a person solely because he lacked the resources to pay it."Bearden v. Georgia, 461 U.S. 660 (1983). In that regard consider the following Virginia Court of Appeals 2022 concurring judicial opinion: " Thus, when determining restitution, a trial court may award full restitution to 'help make the victim of a crime whole. ' ... But restitution may also serve the purpose of rehabilitation... And a trial court may properly determine that the goal of rehabilitation would be disserved by imposing a restitution award so large that the defendant could never repay it." Tyler v. Commonwealth of Virginia, 75 Va.App. 218, 244 (2022). 

How do I use money to my best advantage without letting it be my undoing in defending against my Virginia criminal prosecution?

Money can be a help to you in your criminal case and also a burden. Ideally, to pursue your best possible outcome against your Virginia DUI, misdemeanor or felony prosecution, obtain the best possible lawyer for your defense. Fairfax criminal lawyer Jonathan Katz has successfully defended thousands of criminal defendants, and will be delighted to hear from you about your case. Call 703-383-1100 for your free in-person confidential consultation with Jon Katz about your court pending prosecution.