Victims of crime may request restitution. The court may order a defendant who has pled guilty or is found guilty of the charges to pay restitution. If the defendant is found not guilty or the case is dismissed the courts will not be able to order restitution on your behalf. In this circumstance you may choose to pursue a civil suit against the defendant.
In order to obtain restitution, you will have to notify the Victim Specialist or Assistant City Attorney prior to the conclusion of the case. You may be required to fill out a restitution form and provide documentation such as receipts, bills, estimates, etc. Once our office has the information, we will make the request on your behalf. If you do not get the required documentation to our office in a timely matter, we may not be able to seek the restitution on your behalf and the case may conclude without consideration of your loss. If the defendant contests restitution, you may be required to come to court to provide testimony.
Once the defendant has been ordered by the court to pay restitution, a payment schedule will be established. To assure the defendant pays the restitution, all payments must be made to the court and the court will send you the funds. Therefore, it is important that the court has your current address. Please make sure to provide this information to the victim specialist working with you on this case.
In criminal matters the court will only order restitution for costs that are not covered by insurance, such as medical co-pays, deductibles, or any other amount not covered by insurance. The court will not order the defendant to pay for any property upgrades, lost wages, costs incurred because of court appearance, or pain and suffering. In order to pursue these types of losses, you may choose to file a civil suit. For more information on the civil court procedures, please call 303-640-5161.
Important Confidentiality Notice
Some documents (medical bills, insurance claims, receipts, etc.) may be provided to the defendant. If there is any information on these documents (e.g., social security number, credit card information, medical I.D. number) that you do not want shared, be sure to mark it out before submitting it to our office.
If the Defendant Cannot or Will Not Pay Restitution
If the defendant does not pay the restitution ordered, the court can issue a show cause citation which requires the defendant to appear in court and explain the failure to pay. Once the defendant appears in court, the judge will determine how to proceed. This may include providing the defendant another opportunity to pay, holding the defendant in contempt of court, deferring or dismissing restitution requirements if the court finds the defendant does not have the ability to pay. If the defendant does not pay the restitution, you may seek restitution in civil court. For more information on the civil court procedure, call the Denver County Court at 303-640-5161.