Restitution, N.J.S.A. 2C:43-3, N.J.S.A. 2C:44-2

Gleaning
Arthur Hughes (1832 - 1915)
[Public domain],
via Wikimedia Commons

Narrative

On November 9, 2012, Hon. M. Christine Allen-Jackson, J.S.C., ordered Terri Frymyer and Lamont Morrison to pay $25,175.00 restitution, according to nj.com.

According to courierpostonline.com, Frymyer pleaded guilty to burglary charges in June.

During the three-hour restitution hearing at the Gloucester County Justice Complex on November 9, Frymer's lawyer told Judge Allen-Jackson the separated mother of four lacked employment and, additionally, the means to pay, according to nj.com.

Nevertheless, Judge Allen-Jackson ordered Frymyer, a Mantua resident, to work two jobs, if necessary, to repay the burglary victims, according to courierpostonline.com.

Judge Allen-Jackson also noted Frymer graduated high school, and with six credits she will earn an associate's degree, according to press reports.

Under the terms of the plea agreement, Frymer will be sentenced to probation on November 16, 2012, according to courierpostonline.com

Restitution, N.J.S.A. 2C:43-3, N.J.S.A. 2C:44-2

New Jersey law provides, "A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both . . . Any restitution imposed on a person shall be in addition to any fine which may be imposed pursuant to this section." N.J.S.A. 2C:43-3.

Under New Jersey law, state courts are obligated to order restitution in addition to a sentence of imprisonment or probation that may be imposed if:

1. The victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and
2. The defendant is able to pay or, given a fair opportunity, will be able to pay restitution.
N.J.S.A. 2C:44-2(b).

For purposes of determining the amount and method of payment of restitution, New Jersey law requires the court to

• Take into account all financial resources of the defendant, including the defendant's likely future earnings, and
• Set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay.
N.J.S.A. 2C:44-2(c)(2).

Under New Jersey law, state courts

• Must not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board.
• Must order a defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board.
Ibid.

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases that involve restitution. Call Now—(856) 812-0321.

Law Office of Michael A. Smolensky LLC on the World Wide Web.