In Weld County, Restitution is part of sentencing after a conviction for a crime. Restitution are payments ordered by the courts to compensate victims for losses they’ve experienced as a result of the crime itself. Restitution orders can be detrimental to offenders trying to get back on their feet after lawyers fees, court costs and fines. But they are important for victims to heal. If a defendant fails to make court ordered Restitution payments, they can lose their probation sentence and be sentenced to the Weld County Jail or prison. It is important that you have Greeley’s leading defense attorneys help you understand Restitution orders. Call the O’Malley Law Office today to get all your questions answered.
1.When is Restitution Ordered in Weld County Courts, C.R.S. 18-13-603?
Restitution is considered in all cases in Weld County, in accordance with C.R.S. 18-13-603 where it states:
Every order of conviction of a felony, misdemeanor, petty, 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:
(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.
Simply put, any case where there is a victim suffered financial loss, there will be Restitution ordered. If there is no victim who suffered financial loss from the crime, then there is no Restitution due.
2.What is a Fine vs. Restitution Orders in Greeley, Colorado?
In Greeley, Colorado, a fine can be imposed at sentencing as a part of the punishment for committing a crime. Restitution is directly related to the victim of the crime and is meant to repay the victim for their financial losses. While both are financial and are a part of a sentence, it is important to understand the difference. One is paid to the court and it goes into the court system, another is paid to the court clerk and then forwarded to the victim.
3.How is Restitution Calculated in Weld County?
Restitution orders are based on the physical, financial, and property losses a victim has due to a crime that has been committed in Weld County. These can be property damages, medical expenses, lost wages, future related expenses, and other losses. Its scope is quite broad. While this can seem to be all encompassing, Restitution orders cannot include mental pain or suffering, loss of pleasure of life, or loss of future earnings. The prosecution can use information from the victim, a Victim Impact Statement and other information to determine the amount of Restitution to request from the court. The prosecution supplies this information to the courts within 91 day of conviction.
4.In Greeley, Colorado, How is the Restitution Money Paid to the Victim?
In Greeley, the money is not paid directly to the victim by the defendant. The Restitution money is paid to the court clerk and the court clerk then pays it to the victim. This way, the court will keep a record of how much has been paid and when the payments have been made in full. If the defendant is not currently serving time in the Weld County Jail, in the Department of Corrections, or on parole, then the payments are collected by the Weld County Court system. The defendants that are serving time in the Weld County Jail, in the DOC or on parole, will have the payments collected by the facility that they are being supervised by.
5.What Happens in Weld County of the Defendant is Unable to Pay Restitution Payments?
When a defendant is unable to make the payments on Restitution orders, there are a few things that could happen. In Weld County, however, most are dependent on the specific case that the orders involve. When a Restitution payment is not made, and it is a condition of probation, then that is a Probation Violation. This could result is a Revocation of Probation and the defendant could go back to jail. It is worth noting that if the defendant is really trying to earn money, but simply cannot make enough to pay for basic living expenses and Restitution, some courts will give the defendant more time to pay Restitution. If there is a genuine inability to pay, most people don’t get sent to jail.
If you have questions about Restitution orders, contact Greeley’s top criminal defense attorneys and let them help you navigate your case. Call the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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