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Restitution in a Criminal Case – What are the Limits? Denver Criminal Defense Attorneys

On Behalf of | Sep 26, 2015 | Restitution |

In every criminal case, Colorado’s lawmakers have generously enabled victims and their families to see recovery of money for their losses. I say “generously,” because it is possible to recover for many things you would not typically think are close enough to the crime to be classified as Restitution. Restitution is made an order of the court, which means the failure to pay can be seen as a violation of probation or a deferred judgment and sentence. As a result, the failure to pay can result in imprisonment in the Denver County Jail or prison.

What are the Rules for Restitution in Jefferson and Adams County

The definition of Restitution is:

“Any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expense, interest, loss of use of money, anticipated future expense, rewards pad by victims, money advanced by law enforcement agencies, money advanced by a government agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by an offender’s conduct and that can be reasonably calculated and recompensed in money.”

Restitution also includes:

Extraordinary direct public and all private investigative costs

Costs incurred by government or private agencies to remove or clean up a place used to manufacture or attempt to manufacture a controlled substance

Costs to store, preserve or test evidence of a controlled substance

Costs to sell and provide for the care of and provision for an animal disposed in an animal cruelty case

Costs for overtime wages for peace officers or other government employees

Costs for equipment and one time use clothing

Governmental or insurance benefits paid

“Restitution does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, a loss of future earnings, or punitive damages.

Examples of Real World Restitution in Northglenn and Brighton

Over our twenty-five years of experience as criminal defense lawyers in Arvada, Littleton and Golden, Colorado, we have seen restitution for car repair in automobile collisions, worker compensation benefits, time off work to attend court, damaged property like a window or door lock, medical costs, replacement costs for nonreturnable items and stolen money repayment.  Read why Restitution is so important to District Attorneys.

When is Restitution Due in a Douglas County Criminal Case?

No crime is exempt from Restitution: “every order of conviction of a felony, misdemeanor, petty or traffic misdemeanor offense… shall include consideration of restitution” C.R.S. 18-1.3-603. The restitution will be payable as the defendant is able. Practically speaking, this means victims will be paid over time as the defendant has sufficient earnings to make restitution payments – after basic living expenses are covered. In most cases, the Restitution owing can be converted into a civil judgement, where the victim can collect in Colorado’s civil court process – including garnishments or property seizure.

In many cases, Restitution is requested for nonqualifying expenses. Some judges and District Attorneys in Arapahoe County don’t know the rules of Restitution. Never attend a Restitution hearing on your own. Instead, call the best criminal defense lawyers at 303-731-0719 today. Together, we can protect your future.