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?

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?

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

The cases acknowledge no express statutory authority, but PDR was refused, so there you go.

perhaps the ability to collect interest emanates from the penumbra of the statutory authority to collect the restitution.

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Originally posted by David Newell:
perhaps the ability to collect interest emanates from the penumbra of the statutory authority to collect the restitution.

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Are you considering running for the appeals courts soon, David?

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This will result in an actual over payment of interest,

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Usury???

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.