Restitution is an important piece of most criminal cases in Greeley and Weld County. Restitution is any loss the victim suffered that is required to be paid by the defendant if they plead guilty or are convicted of a crime. We have often seen ‘victims’ take advantage of the restitution process and if not checked, can result in a defendant paying way more than necessary. A Colorado appeals court recently reduced a man’s restitution for this exact issue. According to the article, $500 of restitution ordered was for a stolen iPhone. However, the iPhone that was stolen was 2 years old. The victim replaced the phone with a brand new one. It was argued that the defendant should only have to pay the fair market value for the phone that was taken, not fund a brand-new upgrade. The appeals court agreed that two-year-old iPhone would have a lower value than a brand-new phone, so they removed the cost of the new phone from his owed restitution.
What is Included in Restitution in Colorado Criminal Cases: A Greeley Defense Attorney Discuses
In Greeley and Weld County, Colorado, under C.R.S. 18-1.3-602, Restitution means:
As you can see, it covers A LOT. There are also costs related to law enforcement’s involvement in the case that can be part of restitution, like testing or storing a controlled substance. If the defendant is convicted of Assault (first, second, or third degree Assault), then all medical tests and treatments can also be included. Some specific expenses include (C.R.S. 18-1.3-603):
- Long-term or ongoing medical expenses as a result of the crime for which the offender was convicted or of any conduct arising out of the case;
- Reimbursement for insurance deductibles, including deductibles for medical expenses for physical and mental health issues, property damage or loss, and automobile damage or loss;
- Replacement costs for damaged or destroyed property, including locks, windows, and doors;
- Travel expenses to court hearings if the victim travels over one hundred miles one way from the location of the court proceeding or when the victim is away from home longer than one day, requiring an overnight stay. A victim may receive travel expenses for travel to critical stages of the case only for the critical stages described in section 24-4.1-302 (2)(b), (2)(e), (2)(f), (2)(g), and (2)(h).
- Travel expenses to a secure site, if required, to participate virtually in court proceedings;
- Child care expenses while the victim participates in court proceedings; and
- Reimbursement for lost wages to attend a critical stage of the case for the critical stages described in section 24-4.1-302 (2)(b), (2)(e), (2)(f), (2)(g), and (2)(h).
The Restitution Process: What Happens After I Plead Guilty in a Milliken or Johnstown Criminal Case?
After a person pleads guilty to a charge where a victim is involved, the DA has a certain amount of time to request restitution. Sometimes, this amount is known prior to pleading and it is agreed upon at sentencing. If not, the judge will allow the DA time to gather the information and file a motion requesting restitution. The defense will have a deadline to object to this request if they feel the amount is not appropriate. Generally, the court will set a hearing if the defense objects to the amount, where both parties can make arguments.
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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