In Weld County and across Colorado, if a person is convicted of a crime, they may be required to repay damages or losses experienced by the victim, which is called Restitution. Below, our attorneys discuss Restitution Payments, which are required in every criminal or traffic case under Colorado law. We’ll also talk about what happens if there is non-payment of Restitution and why it is important to have a skilled Restitution attorney protecting your rights. For example, did you know that you are not required to pay for a brand-new item to replace the one you broke? If you are facing Restitution in Fort Collins or Larimer County, get help here.
What is Restitution in Colorado Criminal Cases, C.R.S. 18-1.3-603?
Restitution under Colorado Revised Statute 18-1.3-603, states:
(1) Every order of conviction of a felony, misdemeanor, petty offense, or traffic misdemeanor offense, except any order of conviction for a state traffic misdemeanor offense issued by a municipal or county court in which the prosecuting attorney is acting as a special deputy district attorney pursuant to an agreement with the district attorney’s office, shall include consideration of restitution. Each such order shall include one or more of the following:
(a) An order of a specific amount of restitution be paid by the defendant;
(b) An order that the defendant is obligated to pay restitution, but that the specific amount of restitution shall be determined within the ninety-one days immediately following the order of conviction, unless good cause is shown for extending the time period by which the restitution amount shall be determined;
(c) An order, in addition to or in place of a specific amount of restitution, that the defendant pay restitution covering the actual costs of specific future treatment of any victim of the crime; or
(d) Contain a specific finding that no victim of the crime suffered a pecuniary loss and therefore no order for the payment of restitution is being entered.
What Types of Restitution are Possible in Colorado Criminal Cases?
It is important to know that Restitution is possible for any physical damages, medical expenses, or other types of losses– they just need to be related to the case and the defendant’s conduct. This includes medical bills, lost income, therapy, replacement costs, property damage, or any expenses that the victim may have incurred due to the crime. This list does include many expenses, however. Restitution orders cannot include mental pain or suffering, loss of pleasure of life, or loss of future earnings. Those types of losses might be recoverable in a Civil action. Restitution is limited to actual losses, so something like the cost for a security camera system to make a victim feel safer in the future, is not proper. Restitution is calculated by information supplied by the prosecution after conviction based on the physical, financial, and property losses a victim has due to a crime. As a result, you must scrutinize the Restitution sought. Did you know that if a used item is damaged, it has a much less value than a new item. You only have to pay for what the item was worth at the time of loss. A 3 year old MacBook is not worth the same as a brand-new one. DA’s and Greeley Police will try and force you to buy a new item to replace an old one.
When is Victim Restitution Required to be Paid in Greeley or Windsor, Colorado?
In Greeley and Windsor, Victim Restitution can be required for any criminal sentencing. It is also often a part of plea bargains that are made with the prosecutors. Sometimes Restitution can be confused with fines, however they are two separate parts of a sentence. When a defendant is convicted of a crime they may be ordered to pay a fine as part of the punishment and then also be required to pay Victim Restitution to the victim of the crime.
In Weld County, What if a Defendant Cannot Pay an Ordered Restitution?
If a defendant in Weld County cannot pay, or will not pay an ordered Restitution, what occurs next depends on the reasons for the nonpayment. If someone tries hard to repay the loss but just can’t financially, they may be given more time to make the payment. If they won’t pay or don’t try their best, their Probation might be revoked. Restitution is a condition of probation, so nonpayment is a Probation Violation. This could result in the defendant going back to jail, due to Revocation of their Probation. Non-payment could also revoke any plea deal terms related to jail or prison which were made with the prosecution during the sentencing.
Why is it Important to Hire a Leading Ault, Greeley, or Severance, Colorado Criminal Defense Attorney?
Having a leading Ault, Greeley, or Severance criminal defense attorney for your case can get you the best outcome on Restitution. Added Restitution payments following a criminal conviction can be detrimental to the future of offenders who are required to make these payments. It is important that you have Greeley’s leading attorneys to help you understand Restitution orders and the rules surrounding repayment of victim losses.
If you have questions about Restitution orders or are headed to the Weld County Courthouse, contact Greeley’s top criminal defense attorneys and have them help you make it through this tough process. Call the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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