Attorney Robert Ambrose Gets $29,000+ Restitution Order Vacated
Recently, Attorney Robert Ambrose had a nearly $30,000 restitution order vacated that was previously imposed against his client. The client and her family walked out the front door of the Scott County Courthouse with no restitution owed for her case.
What is restitution you say? It is out-of-pocket financial losses incurred by an alleged victim that insurance does not cover. When someone is charged with a crime that includes an alleged victim, whether that be from a domestic assault, sexual assault, regular bar fight assault, motor vehicle accidents, theft, fraud, etc. the prosecution will ask the alleged victim if they would like to request restitution. You name the victim-type crime and there may very well be a restitution issue to address beyond just the criminal charges.
For example, take a DWI case involving an accident. If there were no injuries to anyone beyond the driver, there may still be property damage to another vehicle, light pole, or even building. Whoever owns that property can request restitution. If the request is an obscene amount of money, you likely will not want to just agree to it. You can challenge the restitution request and have a hearing on it where the prosecution will have to prove by a preponderance of the evidence the propriety of the restitution. Evaluating whether there is sufficient proof and documentation to back up the restitution request is key.
In Attorney Robert Ambrose’s recent success, the restitution requested was simply not for something that is contemplated in criminal restitution hearings. In a criminal vehicular operation (CVO) or criminal vehicular homicide (CVH) case, the restitution request will often go beyond just property damage. In those cases, you are dealing with injuries, sometimes very serious ones, or even a death. Unfortunately, insurance does not cover everything. Often, defendants who take responsibility in their cases want to make a person they may have injured whole, but that want to make sure that it is a fair process. Thankfully, our criminal justice system allows for restitution requests to be challenged. There is an important timing component – thirty days – in which to challenge restitution. Be acutely aware of that timing component, especially if the court has not preserved your restitution challenge.
When a Restitution Hearing occurs, witnesses may be called, evidence may be presented, and arguments orally and in writing may be given. The judge will then issue a ruling on the date of your hearing or later. If you are not happy with the court’s ruling, you can ask the Minnesota Court of Appeals to take a look at it through the appeal process. For a consultation at no charge, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com.
Robert H. Ambrose is a criminal defense attorney and DWI lawyer in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past three years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. DWI Lawyer Minneapolis MN; Criminal Defense Lawyer Wisconsin; and Criminal Appeals Lawyer Minnesota.