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When you are working out a plea, do you figure in some interest on restitution?

For example, if the crook stole something worth $2,000, which is not recovered, and he is pleading out 6 mos. after the theft, and will be paying the restitution at the rate of $100/mo., do you just require he repay the $2,000, or do you make him pay some addititional money as interest?

I always figure in some interest, since I figure that is part of the theft. A crook shouldn't get a free $2,000 loan. If the victim had to borrow $2,000 to replace what was stolen, he would have to pay interest, so why shouldn't the crook?

I usally figure 10% a year from the theft till the date it is supposed to be fully paid off. This will result in an actual over payment of interest, if they faithfully pay each mo., but since most don't, I figure it about evens out. In any case, the interest rate is a lot less than the 21% and more some credit cards charge. A real bargain.

But what do you think? What do you do?
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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Any order to pay money must have support in a statute. Are you aware of any provision that authorizes interest as part of restitution in a crimninal case?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I haven't had this issue come up, but appellate opinions support the trial court's discretion to require payment of interest -- Rodriguez - 710/167; Romine - 722/494; Bush - 762/353
 
Posts: 70 | Location: Sinton, Texas, USA | Registered: January 20, 2005Reply With QuoteReport This Post
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The cases acknowledge no express statutory authority, but PDR was refused, so there you go.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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perhaps the ability to collect interest emanates from the penumbra of the statutory authority to collect the restitution.
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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quote:
Originally posted by David Newell:
perhaps the ability to collect interest emanates from the penumbra of the statutory authority to collect the restitution.


Are you considering running for the appeals courts soon, David? Big Grin
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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quote:
This will result in an actual over payment of interest,



Usury???
 
Posts: 39 | Registered: March 02, 2001Reply With QuoteReport This Post
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I've done it on occasion but I think it should be done all of the time. Who says it has to be set out as interest? Also, I'm sure that software is available to figure out the total figure based upon a monthly pay-out at x dollars per month. Plug in the max interest rate allowed by law and voila...... I've often wondered why crooks get interest-free loans which they often don't ever pay anyway... And if things go as they are headed in Austin, things are just going to get worse in that regard.
 
Posts: 276 | Location: Liberty County, Texas | Registered: July 23, 2002Reply With QuoteReport This Post
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