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National Crime Victim Law Institute

Maryland Clinic Secures Restitution in Major Victory

December 03, 2010

The Maryland Crime Victims’ Resource Center, part of NCVLI’s Clinical Network, won a major victory in the Maryland Court of Special Appeals.  Maryland victims have an independent right to request restitution under state law.  The Court of Special Appeals held that this independent right allows the court to order restitution as a term of probation even if the court has accepted a plea agreement that does not include restitution.  The victim in this case died after her car was hit by a drunk driver; her family will now receive financial restitution to go towards covering the financial loss incurred as a result of medical bills, funeral expenses, and counseling. NCVLI participated in this case as amicus curiae, arguing in support of the victim’s independent right to receive restitution.  Read the opinion here http://mdcourts.gov/opinions/cosa/2010/1228s08.pdf