Los Angeles Garnishments and Seizures Lawyer
Helping You Maintain Control of Your Property
If you’re convicted of a crime, the monetary penalty you could face may not be limited to the fine associated with the alleged offense. The judge may also order you to pay restitution to the victim for any harm they suffered. Under the Mandatory Restitution Act of 1996 (MRA), the government can seek to acquire and liquidate your assets to ensure compliance with this order. This is true even if you obtained the property with your own funds and not with gains from the alleged crime.
And while the government has the authority to pursue garnishments and seizures to compensate the victim, its authority is limited, and it must comply with specific standards. Yet, to a great extent, state and federal governments continue to seize assets, such as money, vehicles, and property with no intent on returning them to the rightful owner. This is largely because many people don’t know that they can challenge a garnishment or seizure.
If you are subject to paying victim restitution, you need an attorney on your side who knows how to contest this use of governmental power. At The Law Offices of Ian Wallach, P.C., Attorney Ian Wallach has extensive legal experience and finds it a privilege to help people in Los Angeles fight against the government's force. He will explain the MRA process and help you effectively and safely challenge efforts to seize your property and assets.
To learn more about your legal options, contact him at (213) 375-0000 as soon as possible.
For What Types of Crimes Can Victim Restitution Be Ordered?
Under MRA, after a defendant has been found guilty of or plead guilty to an offense, the court can order them to pay restitution to the victim. The victim is anyone who was directly or indirectly harmed because of the commission of the crime. They can be an individual or corporation and can include multiple people.
Victim restitution applies in the following types of cases:
- Violent crimes
- Property crimes
- Tampering with consumer products
- Theft of medical products
If you’ve been convicted of any of the above offenses, speak with Ian Wallach. He will help you understand the steps the government might take to seek victim restitution. Additionally, he will discuss avenues to pursue to work toward an optional result on your behalf.
For What Losses Can the Victim Seek Restitution?
As part of a criminal case, a victim may submit a report, identifying financial, psychological, and/or social losses they suffered due to the crime.
The court can award restitution to the victim for various types of losses, including:
- Property damage: If the victim’s property was damaged, destroyed, or lost, they may receive restitution. The defendant may be ordered to return the property, but if that’s not possible, they will be required to pay the item's value.
- Bodily injury: If the victim was injured in the alleged offense, the defendant may be required to pay for such things as medical expenses, psychological care, and physical therapy.
- Loss of life: If the victim died as a result of the crime, the defendant will be ordered to pay for related expenses, such as funeral services.
- Insurance compensation: If the victim received payment from an insurance company or another party, the defendant may be required to repay that entity. However, they must first satisfy restitution to the victim before reimbursing the company that provided compensation.
In some cases, the defendant may be required to perform services instead of providing monetary restitution. The victim may also file a lien against the defendant’s property.
Reach Out to The Law Offices of Ian Wallach, P.C. Today
Going up against the government to protect your property can be difficult without the help of a knowledgeable Los Angeles lawyer. Attorney Ian Wallach is smart, savvy, and ready to help challenge a garnishment or seizure.
Admitted to Practice Law in California, New York, & Colorado
Board of Directors Member for National Association of Criminal Defense Lawyers
Not Afraid of Going to Trial
An Abundance of Notable Case Outcomes
Compassionate Client Service & Innovative Legal Strategies
Member of the United States Supreme Court Bar