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As a victim of a crime you have the right to request restitution once the defendant has pleaded guilty or is found guilty of the charges. If the defendant is found not guilty or the case is dismissed the courts will not be able to order restitution on your behalf. In this circumstance you will need to pursue a civil suit against the defendant.
How to obtain restitution
In order to obtain restitution, you will have to notify the Victim Specialist or Assistant City Attorney prior to the conclusion of the case of your request. You may also be required to fill out a restitution form and provide some type of documentation such as receipts, bills, estimates, etc. Once our office has the information, we will make the request on your behalf. If you do not get the required documentation to our office in a timely matter, we may not be able to seek the restitution on your behalf and the case may conclude without consideration of your loss. If the defendant contests restitution, you may be required to come to court to provide testimony.
Once the defendant has been ordered by the court to pay restitution, a payment schedule will be established. To assure the defendant pays the restitution, all payments must be made to the court and the court will send you the funds. Therefore, it is important that the court has your current address. Please make sure to provide this information to the Victim Advocate.
RESTITUTION LIMITATIONS
In criminal matters the court will only order restitution for costs that are not covered by insurance, such as medical co-pays, deductibles, or any other amount not covered by insurance. The court will not order the defendant to pay for any property upgrades, lost wages, costs incurred because of court appearance, or pain and suffering. In order to pursue these types of losses, you will need to file a civil suit. For more information on the civil court procedures, please call 303-640-5161.
IMPORTANT CONFIDENTIALITY INFORMATION
Some documents (medical bills, insurance claims, receipts, etc.) may be provided to the defendant. If there is any information on these documents (i.e. social security number, credit card information, medical I.D. number, etc.) that you do not want shared, be sure to mark it out before submitting it to our office.
IF THE DEFENDANT CANNOT OR REFUSES TO PAY RESTITUTION
If the defendant does not pay the restitution ordered, the court can issue a show cause citation which requires the defendant to appear in court and explain the failure to pay. Once the defendant appears in court, the judge will determine how to proceed. This may include providing the defendant another opportunity to pay; hold the defendant in contempt of court; or if the court finds the defendant does not have the ability to pay, the court may defer or dismiss restitution requirements. If the defendant does not pay the restitution, you may seek restitution in civil court. For more information on the civil court procedure, call 303-640-5161.
VICTIM COMPENSATION PROGRAM
In some situations a victim of a crime may be eligible for the Victim Compensation Program. The intent of this program is to lessen the financial burden experienced by victims of crime. This state wide program enables victims who meet the qualifications to receive immediate financial assistance for some financial losses that occurred as a direct result of a crime. There are, however, certain qualifications in order to be eligible and only certain costs are covered. Compensation is available for medical, dental, mental health and other similar services. Victims must meet certain eligibility requirements for compensation including:
►The crime must have occurred within the last year
►The crime must have been reported to the police
►The victim was not engaged in any criminal activity when the crime occurred
►The crime must be one in which a person was injured and not a property crime.
For more information about this program contact your victim advocate, or call the Victim Compensation program directly at 720-913-9253.
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