Criminal Restitution

Last week the Washington State Supreme Court published State v. Griffith a criminal case of interest to people who have had property taken from them. The criminal courts offer an alternative to an expensive and time-consuming lawsuit against the person who took the property. You have to bear in mind that conviction of a crime requires a very high standard of proof, but if you have such proof of guilt, then consider going to the prosecutor instead of suing.

If a person is convicted of taking money or property, or a related offense, the judge can require them to make restitution, that is to pay back the victim. Such an order, as a part of sentencing, is more likely to be paid than a conventional civil judgment.

The facts of this case also remind us to avoid cut rate purchases under circumstances suggesting foul play. Ms. Griffith purchased jewelry in a parking lot at a cheap price, then sold it to a pawn shop. She was later identified by the pawn shop owner and packed off to jail.

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