What to Do If You've Been Given a Restitution Order?

A restitution order is a court-mandated payment that requires offenders to compensate victims for financial losses resulting from a crime. In Ontario, restitution is frequently imposed for cases involving fraud, such as credit card fraud, Ponzi schemes, or mortgage fraud. This financial penalty is designed to allow victims of financial crimes to be reimbursed for any losses. While restitution orders may be granted, they are separate from other criminal penalties such as imprisonment or fines. If you've received a restitution order, contact an experienced fraud lawyer to better understand your obligations and rights. At Karrass Law, our criminal defence lawyers are experienced with fraud charges and can help you navigate legal challenges effectively. To get started, book a consultation with our lawyers near you. 

If you've been hit with a restitution order, here is what you should consider and how you should proceed. 

How to Find Out If There's a Restitution Order Against You?

If a court issues a restitution order against you, you will typically be informed in several ways. First, the order is usually announced during your sentencing hearing, where the judge outlines the penalties associated with your conviction. You will also receive a copy of the restitution order in writing, which specifies the amount owed, payment terms, and the timeline for compliance. If present, your lawyer will explain the terms and legal implications of the order. If you were not present during sentencing or are unsure whether you have received a restitution order, you can check with the court where your case was heard or consult your legal representative.

What to Do If You've Been Given a Restitution Order

The first step after receiving a restitution order is to carefully review its terms. You must understand the amount owed, the payment schedule, and any deadlines specified by the court. Ignoring a restitution order can lead to serious legal consequences, including additional fines or enforcement actions such as wage garnishment. To fully grasp the implications and explore potential legal remedies, consult a criminal defence lawyer immediately. They can help determine if the order is reasonable or if grounds exist for modification or appeal.

Document Your Finances

Meticulous documentation of your financial situation is critical for addressing a restitution order. Courts in Ontario may consider your ability to pay, and accurate records can demonstrate financial hardship, serving as evidence if you and your fraud lawyer seek to renegotiate payment terms. These documents can also support your case if your lawyer believes the restitution amount was miscalculated. In fraud-related cases like credit card fraud or Ponzi schemes, experienced criminal defence lawyers like Karrass Law always urge clients to keep thorough financial records as it can help support a strong defence against fraud allegations. 

These may include bank statements, transaction histories, credit card statements detailing disputed or fraudulent charges, contracts, agreements, promissory notes, and correspondence with alleged victims or co-defendants. Income and expense reports can also provide valuable insight as you review the situation with your criminal defence lawyer.

Do You Have to Pay Restitution Orders?

In Ontario, restitution orders are enforceable by both the courts and victims. Non-payment can lead to court-initiated enforcement actions like wage garnishment or additional legal penalties, such as contempt of court charges. However, courts may consider your financial circumstances. If you're unable to pay, an experienced fraud lawyer can help you petition the court for a modified payment plan or, in rare cases, request cancellation of the restitution order entirely.

How Can a Criminal Defence Lawyer Help You?

A qualified criminal defence lawyer like Robert Karrass and the Karrass Law team can negotiate to reduce the restitution amount, file an appeal if the order is based on inaccurate or inflated claims, and advocate for a manageable payment plan if you're facing financial hardship. To determine the best course of action in response to a restitution order, book a consultation with Karrass Law. Robert Karrass is a trusted criminal defence and civil litigation lawyer who can help you defend your rights and fight for your best interests.

For legal advice, contact our team today. 

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