A judge presiding over a criminal case in Texas has the authority to implement a variety of different penalties. Depending on the offense in question, state statutes may allow judges to incarcerate people. They could also order them to undergo extensive state supervision in the form of probation, to perform community service and to pay large fines.
Sometimes, there are special penalties that relate to the type of offense that occurred. For example, those involved in drunk driving incidents could potentially lose their driver’s licenses. When someone’s actions have a negative economic impact on another party, a judge could theoretically order financial restitution. The defendant may need to provide financial support to the affected parties.
What types of crimes often lead to judges ordering financial compensation for the people affected in addition to court costs and fines?
Assaults and other violent crimes
When one person intentionally causes physical injury to someone else, the injured party could have major medical expenses. A punch to the face could cause figuring scars or a traumatic brain injury. Both of those medical challenges could affect someone’s earning potential and generate significant expenses. When violent crimes traumatize people, generate medical expenses or affect their earning potential, the defendant facing prosecution could be at risk of an order of restitution.
White-collar criminal offenses
Financial crimes can have a negative impact on businesses as well as individuals. Investment fraud or embezzlement could deprive someone of the resources that they need for their financial stability. Texas judges have the authority to order restitution after someone’s conviction for white-collar criminal offenses that had financial consequences for others.
Impaired driving charges
Someone accused of a driving while intoxicated (DWI) offense could face prosecution because of a crash. The courts could then hold the impaired motorist responsible for property damage expenses and injuries generated by the crash. Especially if someone does not have adequate car insurance, the DWI could lead to substantial restitution requirements.
Restitution can complicate someone’s already difficult situation when they have entered a plea of guilty or gotten convicted of an offense. Defendants typically do not have any control over restitution orders and must fulfill them to avoid additional penalties. The best way to prevent financially devastating restitution orders is to successfully defend against pending criminal allegations. Mounting a vigorous defense can potentially help someone to avoid incarceration and financial consequences for alleged criminal activity.
