Restitution is the money a court orders a defendant to pay a victim for losses the offense caused, and in Florida it is the rule rather than the exception. Under section 775.089, the court must order restitution for the damage or loss caused by the crime unless it finds clear and compelling reasons not to. What often gets overlooked is that the amount is not automatic: it has to be proven, and it can be contested at a hearing.
That hearing is real, winnable work, and it is the kind of focused trial-court matter I handle directly. Restitution numbers are frequently inflated or loosely documented, and a careful challenge can bring them down a great deal.
How Restitution Works
Restitution is meant to make a victim whole for what the offense in fact cost, no more. Four things shape whether, and how much, is ordered.
| Question | The answer |
|---|---|
| When it applies | For damage or loss caused by the offense, unless the court finds clear and compelling reasons not to order it |
| Who proves the amount | The State bears the burden of proving the amount of the loss by the greater weight of the evidence |
| Causal connection | Florida courts require the loss to be causally connected to the offense, not merely related to the parties |
| Ability to pay | The court considers the defendant’s financial resources; an inability to pay does not by itself bar the order but bears on how it is set and enforced |
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am a trial lawyer first. I handle the post-trial and post-conviction work that grows out of that practice: motions to withdraw a plea, motions to correct an illegal sentence or to reduce a sentence, restitution hearings, petitions for writ of habeas corpus and other writs, and certiorari review of a DHSMV license suspension. The one thing I do not take on is the full direct appeal, the kind that lives or dies on a long brief, so when a case belongs in the circuit court appellate division or a District Court of Appeal on the merits, I refer it to appellate counsel I trust. Learn more about my background.
Contesting the Amount
The number the State puts forward is a claim, not a finding, and at the hearing it has to be backed by proof. The defense can test the documentation behind each figure, question repair or replacement estimates, and challenge losses that are speculative or unsupported. Where a victim claims a round number with little behind it, holding the State to its burden by the greater weight of the evidence often shrinks the total.
The causal-connection requirement is just as important. Restitution is for losses the offense caused, so a loss that would have happened anyway, or that flows from something other than the charged conduct, does not belong in the order. Going through the claimed losses one by one, and tying each to the actual offense, is where a restitution hearing is won.
Ability to Pay and the Long View
Because a restitution obligation can follow a person for years and affect probation, it is worth getting right at the start. The court weighs a defendant’s financial resources and needs in setting the obligation, and although an inability to pay does not by itself defeat an order, a clear and honest picture of real circumstances can shape how the amount is structured and enforced. The goal is an order that reflects the actual loss and a realistic path to satisfy it.
How I Handle a Restitution Hearing
The work is documentation and causation. I obtain and scrutinize the support for every claimed loss, separate what the offense caused from what it did not, and put the defendant’s real financial circumstances before the court. Held to its burden, and pressed on the causal connection, an inflated restitution demand often comes down to what the offense in fact caused, which is the whole point of the hearing.
Common Questions
What is restitution in a Florida criminal case?
It is a court order that the defendant pay the victim for losses caused by the offense. Under section 775.089, the court must order restitution for damage or loss caused by the crime unless it finds clear and compelling reasons not to. It can be ordered as part of a sentence or a condition of probation.
Can I contest the amount?
Yes, and a hearing is where that happens. The State has to prove the amount of the loss, and the defense can challenge the figures, the documentation, and whether each claimed loss was really caused by the offense. The number the State asks for is a starting point, not the final word.
Does the loss have to be connected to my case?
Yes. Florida courts require a causal connection between the loss and the offense; restitution is for harm the crime in fact caused, not for unrelated losses. Testing that connection, claim by claim, is often where a restitution amount comes down at a hearing.
What if I cannot afford to pay?
Ability to pay is part of the picture. The court considers a defendant's financial resources and needs, and while an inability to pay does not by itself prevent a restitution order, it bears on how the obligation is set and enforced. Putting your real financial circumstances before the court matters.
Is a restitution hearing worth fighting?
Often, yes. Restitution figures are frequently inflated, poorly documented, or include losses the offense did not cause, and a focused hearing can reduce the amount significantly. Because the obligation can follow you for years, getting the number right at the start is worth the effort.
Related: Appeals overview, Correcting or reducing a sentence, How sentencing works, Violation of probation, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Post-trial and appellate deadlines are strict and often jurisdictional, so confirm anything here against the current rules and statutes and speak with counsel promptly. Full direct appeals that require briefing are referred to appellate counsel. Every case is different, and past results do not guarantee a similar outcome.
