How much can be charged in restitution for damages to a hotel incurred during a party?

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How much can be charged in restitution for damages to a hotel incurred during a party?

I hosted a party at a hotel. I have already paid the hotel a $500 fee, plus the cost of my hotel room for $300. I have also finished all sentencing for the criminal charges I faced. Now they are asking for $800 in restitution for small hole repair, cleaning charges, replacing a fire extinguisher, refund to guests, etc. Do I have a chance to fight any of this and using what laws? I have been told by a few attorneys that the hotel can only get retribution equaling their out of pocket costs and my original $800 for the room and the fee would satisfy that, any truth to this.

Asked on May 9, 2012 under Bankruptcy Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

Restitution should be a fixed amount worked out prior to teh time of plea.  I don't believe the cost of the room would be applied to any damages as you would have had to pay that fee even if there were no damages at all.  The rule is that the "victim" cannot gaina benefit through restitution; it's purpose is to make them whole.  Whether the $500 fee is something that can be applied to the damages depends on the purpose of the fee and the language of the contract agreement you signed.


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