Utah Legislature Taking Action to Prevent Fraud

Current Restitution Laws
Restitution is a payment made by the defendant to the victim to cover any out-of-pocket expenses incurred as a result of the crime, like repair or replacement of damaged property and medical bills. In Utah, judges have the authority to order criminal defendants to pay restitution as part of their criminal sentence, under U.C.A. 1953 77-38a-302. The Board of Pardons and Parole also may order restitution within one year after sentencing or refer the matter back to the judge to determine the appropriate amount.
When determining whether or not to order restitution, the court may consider the actual losses suffered by the victim, including wages lost because of bodily injury caused by the defendant. The court also may consider the defendant's specific circumstances prior to ordering restitution, including:
* The defendant's financial resources
* The defendant's other financial obligations and any burden paying restitution will have on meeting those obligations
* The defendant's ability to pay restitution on an installment basis or other payment plan
* The rehabilitative effect paying restitution will have on the defendant
Victim rights advocates have long argued that Utah's restitution system is ineffective. Under current law, there is no way to ensure that the victims actually receive restitution payments from criminal offenders. Further, if criminal defendants do not have the ability to pay restitution, the judge's order really is nothing more than a symbolic gesture.
2009 Changes to Utah's Laws
In an effort to combat the above criticisms, the state Senate and House have taken action to strengthen Utah's restitution laws. Governor Jon Huntsman already has signed all four of these laws. The changes made by these laws come into effect on May 12, 2009.
* House Bill 130 amends Utah 77-38a-601. It increases the state's ability to preserve a defendant's assets that may be needed to pay a restitution order. Under previous law, the court could not issue an order to preserve assets for more than 90 days. House Bill 130 removes that restriction. The court also may rely on hearsay evidence to find probable cause that the defendant will attempt to dispose of his or her assets prior to being order to pay restitution.
* Senate Bill 182 amends Utah 77-38a-401. It removes the statute of limitations on restitution orders, meaning there is no longer an expiration date on restitution orders. A restitution order is not considered paid in full until the defendant has paid the full amount ordered by the court in addition to any collection fees, interest and attorney fees. The law applies to any restitution orders not paid in full by May 12, 2009.
* Senate Bill 51 amends Utah 77-38a-202. It permits state prosecutors to deposit restitution money in interest bearing accounts until it is distributed to crime victims. Any interest earned while in the account must be divided up proportionately to the crime victims; any amounts left over will go to the Office of Crime Victim Reparations.
* Senate Bill 140 amends several sections of the Utah Code, including 7-1-1001, 7-1-1004, 7-1-1006 and 7-1-1007. Previously, in order for prosecutors, the police or other officials investigating a fraud crime to retrieve protected financial records, they had to get a subpoena or court order. Senate Bill 140 changed this process by permitting victims to give written permission to investigators to retrieve financial records.
Contact an Experienced Criminal Defense Attorney
If you have been charged with a crime, it is important to seek experienced legal representation as early on in the criminal process as possible. Utah courts are tough on crime, and with the increased attention on fraud crimes in the current economic climate, you cannot afford not to hire an attorney. For more information on what the changes in state law may mean for your case, contact our offices today.
ABOUT THE AUTHOR: Druyon Law Offices, P.C.
Druyon Law Offices, P.C. is located in Salt Lake City, Utah. Our criminal defense lawyer, Sean B. Druyon, provides experienced criminal defense to people facing misdemeanor and felony charges throughout Bountiful, Ogden and Salt Lake City. The penalties for criminal charges in Utah can be very severe. Without the assistance of an experienced criminal defense attorney, criminal charges could result in lengthy incarceration, restrictions on carrying firearms, voting and driving privileges, access to federal financial assistance, limited employment opportunities and more. Salt Lake criminal defense attorney, Sean B. Druyon, has many years of experience practicing criminal law.