Victim Restitution is the right of victims to payment by the person who committed a crime which hurt them or someone in their family.

Antonio R. Sarabia II is an authority on victim restitution. He represents individuals who have been harmed by crime, as well as corporate victims of crime, such as Nike, Dooney & Bourke, Calvin Klein Jeanswear Company and Guess. He recently obtained a restitution order of more than $150,000 for an individual who was a victim of grand theft. For a corporate victim of criminal trademark counterfeiting, he obtained a restitution order of over $500,000. He has worked closely with victims of abuse by medical professionals, with an emphasis on recovering not just past medical expenses, but also the substantial costs of future therapy.

In addition to his representation of crime victims, Mr. Sarabia has written regularly about restitution. He is the author of the chapter “Victim Restitution” in California Criminal Law Procedure and Practice, the most popular reference used by judges, district attorneys and defense counsel in California criminal cases. He is a contributor to the “Bench Guide on Restitution,” a special publication for California judges. He has written a number of articles about victim restitution. For more than six years he was a member of the Community Advisory Board of the Restitution Center, created by the California Penal Code as a sentencing alternative. In May 2009 he was on the restitution panel at the Fildler Institute on Criminal Justice at Loyola Law School.

Please contact us about your victim restitution matter.

FAQ About Restitution

What is victim restitution? It is the right of victims to payment by the person who committed a crime which hurt them or someone in their family.

How do victims get this right? First, there must be a criminal conviction. Then the victim must communicate to the court, the prosecuting attorney or the Probation Department about their losses.

Who is a crime victim? The person hurt, the family of the person who was hurt and a business which has been hurt by a crime.

What are losses? Damaged or stolen property, medical bills, therapy bills, lost time from work caused by the crime (including time spent going to court and travel expenses to court) and damage to a business or its property.

Are victims entitled to an attorney separate from the prosecutor? Yes, this is a constitutional right in California.

Who pays the victim’s attorney? A victim must make his or her own arrangement with an attorney. Under California law, the criminal should be ordered to reimburse the victim for all attorneys’ fees spent on restitution.

What are the differences between seeking victim restitution for a loss and filing a civil suit against the criminal? There are many differences. Here are three:

1. Victim restitution is usually ordered to the victim within a matter of weeks of a criminal conviction. Most civil suits take will over a year and sometimes years.
2. In a civil suit the victim is required to face the lawyer for the criminal and answer personal questions under oath, in front of a court reporter (and maybe the criminal as well) for a whole day. This is a deposition. There are no depositions in victim restitution.
3. In most civil cases, the attorney takes between 30% and 40% of the victim’s recovery. This does not occur in victim restitution.

Does it matter if the criminal has property or money? Yes. An order to pay restitution can only be paid by a person who has the means to pay.

If I already have a civil lawsuit against the criminal, can I still seek victim restitution? Yes. Victim restitution can be used to increase your total recovery in some cases because a portion of your civil attorneys’ fees may be paid to you in victim restitution.

How long after the conviction can I seek victim restitution? In all legal matters, it is best to act quickly while evidence and witnesses are still available.
 

Important California Restitution Forms

A victim is entitled to a statement of assets from the defendant.

A victim is entitled to a restitution order.

California Restitution Self-Help Package

If you are victim of a crime in which charges have been filed in any county in California in state court (not federal court), you can use the California Restitution Self-Help Package. This package guides you through use of the most important restitution forms and has instructions on how to work with the court system. You are only entitled to restitution if there has been a conviction - this includes a plea agreement, a plea of no contest and a finding of guilty by judge or jury. It does not matter which. Nor does it matter if it is misdemeanor or felony. If you would like this package, please click here.

Biography

Mr. Sarabia has been a lawyer for more than 25 years. Born in Chicago, he earned his law degree from the University of Chicago in 1978. He is a graduate of Occidental College in Los Angeles. For 8 years he was general counsel to Guess?, Inc. He has the highest rating by the lawyer rating firm Martindale Hubbell.