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Prosecutor's Guide to Criminal Fines and Restitution

NCJ Number
167444
Date Published
1990
Length
54 pages
Annotation
This manual provides guidelines for U.S. attorneys to use in ensuring that the criminal fines and restitution imposed in their cases are both collectible and collected; this edition of the manual reflects recent legal developments concerning fine and restitution enforcement.
Abstract
After providing a checklist for criminal prosecutors to use in developing fine and restitution proposals and enforcing them once they are imposed, this manual explains the prosecutor's role in obtaining financial information and identifying defendants' assets. A separate section focuses on the presentence investigation report as a source of financial information. A discussion of bail bonds focuses on guidelines for administering unsecured appearance bonds and bonds executed for conditional release. A section on restitution considers its application, amount, recipients, issuance of the order, payment, collection, and collateral estoppel. Also provided are guidelines for the inclusion of fines and restitution in plea agreements. Legal parameters for Federal fines are explained, along with issues related to the determination of a fine and restitution at the sentencing hearing. Attention is given to the structure for fines and restitution in the sentence itself, post-judgment collection remedies, and suggestions to improve fine collection. Appended sample legal forms pertinent to fines and restitution

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