Restitution

Restitution

When can I expect to receive my restitution money?

When can I expect to receive my restitution money?

Restitution payments are usually made to the local probation department by the perpetrator.  In New York City, non-probation restitution may be referred to Safe Horizon or another non-profit collection agency.  Payments are based on the amount ordered and disbursed according to the schedule of payments in the restitution order.  The appropriate restitution collection agency will then send a check to you accordingly. 

Are minors ordered to pay restitution?

Are minors ordered to pay restitution?

Minors can be ordered to pay restitution typically by the Family Court. However, restitution from juvenile delinquents is limited to $1,500 and restitution from persons in need of supervision (PINS) is limited to $1,000.  Additional restitution may be pursued civilly under certain circumstances against the parent or guardian of the minor.

How is restitution determined?

How is restitution determined?

The amount of restitution is based on proof of your out-of-pocket losses incurred as a result of the criminal offense.  The perpetrator has a right to object to the amount of restitution.  The Court may hold a hearing on the issue of restitution where the Court may consider the perpetrator's ability to pay.  The DA's office may contact you and ask you to testify at the restitution hearing.  If you have a concern about appearing personally in Court, you should explore alternatives with the DA assigned to your case.

How is restitution ordered?

How is restitution ordered?

The DA is under an obligation to petition the Court to order restitution on your behalf.

When the District Attorney's (DA) office advises the Court that you have requested restitution or when the victim impact statement contained in the probation investigation report (pre-sentence, pre-plea or pre-disposition report) indicates that the victim seeks restitution, the Court must order restitution unless the interests of justice dictate otherwise.  When the judge does not order restitution, the judge must clearly state his/her reasons on the record.

Who is entitled to restitution?

Who is entitled to restitution?

Anyone who has been the victim of a criminal offense and has suffered injuries, economic losses or damages can seek restitution.  Many times, victims who deserve restitution do not request it.  This can occur because victims are not aware that they are entitled to restitution, or do not know what steps to take to go about receiving the restitution they deserve. 

How do I ask for restitution?

You should contact the DA's office and advise them of the extent of your injury, your out-of-pocket losses and the amount of damages you are requesting.

What is restitution?

What is restitution?

Restitution is compensation paid to a victim by the perpetrator of a criminal offense for the losses or injuries incurred as a result of the criminal offense.   It must be ordered by the Court at the time of sentencing, and is considered part of the sentence. Restitution may include but is not limited to reimbursement for medical bills, counseling expenses, loss of earnings and the replacement of stolen or damaged property.

Restitution is NOT for payment of damages for future losses, mental anguish or "pain and suffering".

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