Do You Get Money for Pressing Charges? The Truth, Explained by an Expert

The short answer is a resounding no. Simply pressing charges doesn’t automatically entitle you to any financial compensation. The act of pressing charges initiates a criminal case pursued by the government, not a civil lawsuit where monetary damages are the primary goal. However, the situation is far more nuanced than a simple yes or no, and understanding the intricacies can be crucial if you’re navigating the aftermath of a crime.

Unpacking “Pressing Charges”: What It Really Means

Before diving into the financial implications, it’s essential to clarify what “pressing charges” actually entails. People often use this term loosely, but legally speaking, it refers to the decision by law enforcement and the prosecuting attorney to pursue a criminal case against an alleged offender. You, as the victim, don’t unilaterally “press charges.” You report a crime, cooperate with the investigation, and may testify if the case goes to trial. The decision to prosecute rests solely with the state.

Think of it like this: you’re the key witness, the person with firsthand knowledge of what happened. You provide the evidence, but the District Attorney is the architect who decides whether to build a legal case based on that evidence.

The Criminal Justice System vs. The Civil Justice System

The confusion often stems from conflating the criminal justice system with the civil justice system.

• Criminal Justice System: Deals with offenses against society as a whole. The goal is to punish the offender (through fines, imprisonment, etc.) and deter future crime. The state, not the victim, is the plaintiff in a criminal case.
• Civil Justice System: Deals with disputes between private parties (individuals, businesses, etc.). The goal is to compensate the injured party for their losses. The injured party (the plaintiff) sues the other party (the defendant) for monetary damages.

So, pressing charges is a criminal matter. Receiving compensation is generally a civil matter.

Avenues to Potential Financial Compensation

While pressing charges doesn’t automatically grant you money, there are several avenues through which you might receive financial compensation if you’ve been a victim of a crime. These are primarily within the civil justice system, and sometimes within the criminal justice system, but they are often independent of the initial decision to “press charges.”

Filing a Civil Lawsuit

This is the most common route. If you’ve suffered damages (physical injuries, property damage, emotional distress, lost wages) due to a crime, you can file a civil lawsuit against the perpetrator. This is a separate legal action from the criminal case. Even if the defendant is found not guilty in criminal court, you can still pursue a civil case, as the burden of proof is lower in civil court (preponderance of the evidence vs. beyond a reasonable doubt).

Restitution in Criminal Court

In some criminal cases, the court may order the defendant to pay restitution to the victim. Restitution is meant to reimburse the victim for direct financial losses incurred as a result of the crime. This could include medical bills, lost wages, property damage, and even funeral expenses in cases of homicide.

Restitution is often considered during sentencing, but it’s not guaranteed. The court will consider the defendant’s ability to pay and the severity of the crime. Importantly, restitution doesn’t cover pain and suffering or other less tangible damages, which are typically only recoverable in a civil lawsuit.

Victim Compensation Programs

Many states have victim compensation programs funded by fines and fees collected from convicted criminals. These programs provide financial assistance to victims of violent crimes to help cover expenses such as medical bills, counseling, and lost wages. The eligibility requirements and the amount of compensation available vary widely from state to state. These programs generally have strict deadlines for filing claims.

Insurance Claims

If you have insurance (health, homeowners, auto, etc.), you can file a claim to cover your losses. For example, if your car was damaged in a hit-and-run accident, you could file a claim with your auto insurance company. While this isn’t directly related to pressing charges, it’s an important way to recover financially.

Factors Affecting Your Ability to Receive Compensation

Several factors can affect your ability to receive compensation:

• Identification and Apprehension of the Perpetrator: You can’t sue someone you can’t identify or locate. Similarly, restitution is impossible if the offender isn’t convicted.
• Defendant’s Financial Resources: Even if you win a civil lawsuit or are awarded restitution, collecting the money can be challenging if the defendant is broke.
• Cooperation with Law Enforcement: Your cooperation with law enforcement and the prosecution is crucial. Failing to cooperate could jeopardize both the criminal case and any potential civil action.
• Statute of Limitations: There are time limits for filing civil lawsuits and claims with victim compensation programs. Missing these deadlines could bar you from recovering compensation.
• The Nature of the Crime: Some crimes, by their nature, may not result in significant financial losses.

Frequently Asked Questions (FAQs)

1. Can I sue the perpetrator for emotional distress?

Yes, you can sue for emotional distress in a civil lawsuit if you can prove that the perpetrator’s actions caused you significant emotional harm. However, proving emotional distress can be challenging and often requires expert testimony from a mental health professional.

2. What if the perpetrator is a minor?

You can still sue a minor in civil court, but the process may be slightly different. In some cases, the minor’s parents or guardians may be held liable for their child’s actions.

3. How long do I have to file a civil lawsuit?

The statute of limitations for civil lawsuits varies depending on the type of claim and the state where the crime occurred. Generally, it’s between one and three years from the date of the incident.

4. Do I need a lawyer to file a civil lawsuit?

While you can represent yourself in court, it’s generally advisable to hire a lawyer, especially in complex cases. A lawyer can help you navigate the legal process, gather evidence, and negotiate with the other party.

5. What if I can’t afford a lawyer?

Some lawyers offer contingency fee arrangements, meaning they only get paid if you win your case. Their fee is a percentage of your settlement or court award. You can also explore legal aid organizations that provide free or low-cost legal services to eligible individuals.

6. How is restitution determined in criminal court?

The prosecutor will typically present evidence of the victim’s financial losses to the court, such as medical bills, receipts for property damage, and documentation of lost wages. The judge will then determine the amount of restitution to be paid based on the evidence presented.

7. What happens if the defendant doesn’t pay restitution?

If the defendant fails to pay restitution, the court can take various actions, such as garnishing their wages, seizing their assets, or even revoking their probation or parole.

8. Are victim compensation programs only for violent crimes?

Yes, most victim compensation programs are primarily designed for victims of violent crimes, such as assault, robbery, and sexual assault. However, some programs may also cover victims of other types of crimes, such as identity theft or drunk driving.

9. What expenses are covered by victim compensation programs?

Victim compensation programs typically cover expenses such as medical bills, counseling, lost wages, and funeral expenses. Some programs may also cover other expenses, such as relocation costs or the cost of cleaning up a crime scene.

10. Can I receive compensation if I was partially at fault for the crime?

In some cases, your own actions may reduce the amount of compensation you can recover. This is known as comparative negligence. For example, if you were assaulted but also provoked the attacker, your compensation may be reduced.

11. Is compensation taxable?

The taxability of compensation depends on the type of compensation you receive and the circumstances of the case. Generally, compensation for physical injuries is not taxable, but compensation for lost wages or emotional distress may be taxable. It is best to consult with a tax professional to understand the tax implications of your situation.

12. Where can I find more information about victim compensation programs?

You can find more information about victim compensation programs on your state’s Attorney General’s website or by contacting your local victim assistance agency. The National Association of Crime Victim Compensation Boards (NACVCB) is also a valuable resource.

Final Thoughts

Navigating the legal aftermath of a crime can be overwhelming. While pressing charges doesn’t guarantee financial compensation, understanding your rights and the available avenues for seeking redress is essential. Consult with a lawyer to explore your options and protect your interests. Remember, seeking justice goes beyond the criminal courtroom; it often involves pursuing civil remedies to rebuild your life.