Question 1

What is victim restitution in Colorado criminal cases?

Accepted Answer

Victim restitution is money owed to the alleged victim of a crime. As part of the penalty in a criminal case, the defendant is required to pay money to the alleged victim to reimburse them for any damages caused by the crime. These financial payments are ordered by the court and the defendant will be penalized if he or she doesn't pay it.

Question 2

When do you have to pay victim restitution?

Accepted Answer

Some statutes specifically provide for victim restitution, although it can be considered as part of criminal sentencing for any crime. The judge can order payments made to the victim or victims of the crime for losses suffered as a result of the crime. However, victim restitution is often part of a plea agreement in criminal cases. In a plea deal, the defendant accepts a certain sentence in exchange for pleading guilty. The plea deal can include an agreement to pay for the damages caused by the crime, including payments to the victim.

Question 3

How is victim compensation calculated in Colorado criminal cases?

Accepted Answer

Victim restitution in criminal cases may include past damages, projected future losses, and reimbursement for payments made by other parties. Most of these awards are used to compensate the injured party for injuries they've suffered. This generally includes medical treatment and counseling. It can also include continuing physical or mental health treatment for the future. Victim restitution is calculated based on the financial and physical impact of the crime. The prosecutor may use a victim impact statement and other information to identify the victims and the damages suffered by the individual.

Question 4

How is restitution paid to the victim in Colorado criminal cases?

Accepted Answer

These payments are not made directly to the victims from the defendant. Instead, the defendant makes a payment to the state and the state submits a payment to the victims. Most payments for losses as the result of a crime are collected by the courts. The courts collect this money for defendants who are not sentenced to time in jail, or defendants who have been released and are no longer on parole.

Question 5

Is there interest on department of corrections restitution in Colorado?

Accepted Answer

Any of these damage payments are subject to interest at the rate of 8% per year. Interest is assessed from the date of the restitution order. Any money judgment remains in effect until the restitution is paid in full. The defendant may also owe for reasonable and necessary legal fees associated with collecting the money owed because of nonpayment.

Question 6

Can you go to jail for not paying restitution?

Accepted Answer

The penalties for not paying the money owed may depend on the specific facts of the criminal case in Colorado. Reimbursement for damages is often made as a condition of probation. If the defendant does not make court-ordered payments, the defendant may be in violation of their probation conditions. This revocation of probation could result in the defendant going to jail.

Question 7

Is there a statute of limitations for victim restitution in Colorado?

Accepted Answer

There is no statute of limitations on the victim restitution order amount in Colorado criminal cases. Any repayment judgment remains in effect until the damages are paid in full. However, if the statute of limitations has expired for a crime, the defendant cannot be charged with that crime or be ordered to pay repayment for a crime that is beyond the statute of limitations.

Question 8

What happens if you can't pay victim restitution?

Accepted Answer

Many defendants do not make restitution payments because they think they do not have enough money. However, compensation is not based on the defendant's income. Even if the defendant has no income and no savings, they are still liable for the damages caused to the victim. If the defendant does not make payments, the court will have a collections investigator establish a payment plan. The investigator will monitor the payment schedule and collect any redress owed.

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