The Legal Information Institute explains that restitution in a criminal case is “compensation paid by a convicted defendant to a victim, ordered as part of a sentence or as a condition of probation.” When there are allegations that the victim of a crime has suffered some form of harm, restitution is often ordered against a defendant who has been convicted. Here, our Montrose criminal defense attorney explains how restitution is calculated in a case in Colorado.
Restitution is Generally Mandatory (Victim Financial Loss)
First and foremost, it is important to emphasize that restitution is generally a mandatory penalty against a person who is convicted of a crime that resulted in a victim suffering a financial loss. In fact, Colorado courts treat restitution as part of the sentence, not as a civil judgment substitute. The governing statutes appear in Title 18 of the Colorado Revised Statutes (Sections 18-1.3-601 through 18-1.3-603.) The court must order restitution unless it makes specific findings that restitution is not appropriate.
Ability to pay does not control whether restitution is ordered. It affects only how payment actually occurs. For example, if a person cannot reasonably pay in full, a payment plan may be ordered.
What Losses Qualify for Restitution
Colorado law limits restitution to actual pecuniary losses. Further, the loss in question must be directly caused by the criminal conduct. Courts exclude speculative, punitive, or non-economic damages. To be clear, that means that pain and suffering does not qualify under the statute for the purposes of determining restitution. Further, emotional distress alone does not qualify. Common categories that do qualify for financial restitution include
- Medical bills
- Counseling expenses
- Lost wages
- Theft losses
- Property damage
- Property replacement costs
- Other out-of-pocket expenses
The prosecution bears the burden to prove the amount. For this specific matter, the standard is a preponderance of the evidence, not reasonable doubt. Colorado courts require reliable documentation. Medical invoices, employer wage statements, repair estimates, and insurance records appear frequently. If insurance paid part of the loss, restitution may still be ordered to reimburse the insurer.
Timing of the Restitution in a Colorado Criminal Case
Colorado courts may order restitution at sentencing or reserve the issue. If the amount is not known at sentencing, the court typically enters a restitution order with the amount to be determined later. The prosecution then has ninety-one days to submit a restitution request. The defendant may object. If the prosecution misses the deadline, the court may still allow restitution if good cause exists, but defendants often litigate this issue aggressively. Once the request is filed, the court may rule on the papers or set a hearing. The court must make findings that link each claimed loss to the criminal conduct. If you have any questions, our Montrose, CO criminal defense lawyer can help.
You Have the Right to Challenge Restitution (Hearing)
Under Colorado state law, defendants have the right to challenge restitution. A defendant can challenge both the ordering of restitution and the specific amount of restitution being required. Some of the most common objections to the challenge of restitution include:
- Lack of causation;
- Inflated amounts;
- insufficient documentation; and
- Losses unrelated to the offense of conviction.
To be clear, in Colorado, courts may not order restitution for dismissed counts unless the defendant expressly agrees as part of a plea. At a hearing, the prosecution may present witnesses or affidavits. The defense may cross-examine witnesses and present contrary evidence.
Restitution as a Condition of Probation or Parole (Very Common)
When restitution is ordered, payment terms usually attach to probation or parole. Courts may set monthly payment amounts based on financial circumstances, but the total obligation remains fixed. Failure to pay can result in violation proceedings. Courts must distinguish willful nonpayment from inability to pay. A defendant may not be jailed solely for poverty, but courts carefully review employment efforts and spending choices closely. It should be noted that interest may accrue on unpaid restitution. Though there are exceptions. Still, the financial obligation survives probation and parole. It also survives many forms of sentence modification. If you have any specific questions about restitution and probation/parole in Colorado, our Montrose criminal defense lawyer is more than ready to help.
Restitution During Any Plea Negotiations
Many criminal cases in Colorado are resolved through a plea agreement. Notably, financial restitution often plays a major role in plea bargaining. Prosecutors often require agreement on restitution amounts or categories as part of a plea. With that in mind, defendants should approach these negotiations carefully. Agreeing to open-ended restitution language can expand liability significantly. Defense counsel often seeks caps, exclusions, or precise definitions of compensable loss. In Colorado criminal cases, restitution should never be an afterthought. It is a central sentencing component with lasting consequences. Our Colorado criminal defense lawyer can help you take a proactive approach to negotiate the most favorable possible outcome.
How Our Colorado Criminal Defense Lawyer Can Help
Arrested and charged with a crime in Colorado? If the alleged victim suffered any type of tangible financial loss, property damage, or personal damage, restitution may potentially be part of the case. The ordering and calculation of restitution can be a highly complex matter in Colorado. At The Martin Law Firm, we are a proactive, solutions-driven law firm that puts people and families first. Your initial consultation with our Colorado criminal defense attorney is fully confidential and carries no additional obligations.
Contact Our Criminal Defense Lawyer Today
At The Martin Law Firm, our Montrose criminal defense lawyer is a strong advocate for clients. We provide personalized, comprehensive representation. If you have any questions or concerns about how restitution is calculated and ordered in Colorado, we are here to help. Contact us today to set up your completely confidential, no obligation initial case evaluation. From our law office in Montrose, we provide criminal defense representation in Montrose County and throughout the region.