Restitution

Restitution is the court-ordered repayment of losses directly related to the crime by the offender to the victim. Restitution is ordered only after a defendant pleads guilty or has been found guilty by trial.

Claiming Restitution

The judge presiding over the criminal case can only consider losses directly caused by the crime and for which documentation has been provided to the District Attorney through a victim’s Victim Impact Statement. Restitution can only be requested for those out-of-pocket costs that can be documented. Restitution can be sought for medical expenses, replacement or repair of damaged property, loss of wages, insurance deductibles, and other expenses directly related to the crime.

The District Attorney is responsible for providing the court with the amount of restitution owed to the victim, based upon the documentation provided by the victim to the District Attorney.

A Victim Impact Statement (VIS) is provided by the District Attorney’s Office to all victims of crime where damage to a person or property is charged. The VIS describes and identifies the emotional and financial impact and losses suffered as a result of the crime. To ensure the correct amount of restitution is ordered, it is important that the victim complete the VIS.

The defendant has a right to see any documentation submitted to the court. The defendant also has the right to question the restitution and may ask the court for a restitution hearing. The victim (or if a business is the victim, a representative) may be subpoenaed to testify if the judge orders a hearing.

At the sentencing hearing, the judge will make a specific order of restitution if the amount is known and documented. The court can reserve the restitution order for 90 days if an exact amount still needs to be determined.

When the final restitution figure is decided by the court, the defendant will be required to make payments.

Restitution differs from Crime Victim Compensation in that restitution is paid by the offender while crime victim compensation is paid from criminal justice-collected funds. If a victim receives crime victim compensation funds, they cannot claim those same expenses through restitution, or vice versa.

Restitution Collection & Payments

Restitution enforcement, collection, and payments are administered by the courts once restitution has been ordered.

Once restitution has been ordered by the court, the District Attorney’s Office no longer has jurisdiction to seek restitution, does not collect restitution from the defendant, and does not make restitution payments to the victim. Even when ordered by the court, restitution is not generally paid immediately, and is not guaranteed.

In many cases, the defendant cannot pay all of the restitution immediately, so the judge, through the use of a collections investigator, may order the defendant to make regular payments. The payments will be made to the registry of the court ordering restitution and distributed in payments to the victim by the court.

If the defendant is sentenced to probation, Community Corrections, or to the Department of Corrections as a prison inmate or on parole, the Probation, Community Corrections and Department of Corrections agencies may supervise the defendant’s payment of restitution to the court registry.

Updating Victim Contact Information

It is the responsibility of the victim to notify the court of any change of address information, since restitution is generally paid over a period of time. To keep your contact information current, contact the court clerk:

Denver Court Clerk Restitution Contacts
County Court (misdemeanor and traffic cases): 720-337-0410
District Court (felony and juvenile cases): 720-337-0528