Restitution is often a sentencing requirement at the Larimer County Courts in Fort Collins when a defendant is convicted of a crime that involves a victim. Because victims often incur several costs due to the effects of a crime, the Courts may require a defendant to pay restitution to recover those monetary losses. Unfortunately, restitution tends to come at a steep price, and it is required on top of court costs, fines, and surcharges. Depending on several different factors, these costs could total hundreds of thousands or even millions of dollars. If you have been charged with a crime, it is essential that you contact a top criminal defense lawyer to represent you at the Larimer County Courts. We will help you ensure that costs like these are as minimal as possible so that they don’t destroy your future.
What is Restitution, and When is it Required at the Larimer County Courts?
Restitution is a requirement imposed on a defendant by the Larimer County Courts to recoup monetary losses that resulted from the crime he committed. C.R.S. 18-1.3-603 states that restitution must be considered any time a defendant is convicted of a petty offense, traffic misdemeanor, misdemeanor, or felony. Examples of costs that can be covered by court-ordered restitution include, but are not limited to:
- Medical bills
- Funeral costs
- Property damage
- Therapy sessions
- Travel expenses
- Income that was lost due to taking time off for bereavement, court appearances, etc.
What are the Costs of Restitution in Fort Collins?
Restitution costs vary greatly in Fort Collins. Ultimately, the amount of restitution that a defendant is required to pay depends on how the alleged victim was affected by the defendant’s crime. Here are just a couple examples:
- Jason is convicted of Criminal Mischief for causing property damage to a friend’s house. The property damage is estimated at $200. Jason is ordered to pay that $200, plus another $300 for labor to make the repairs.
- Isabel is ordered to pay restitution when she is convicted of Vehicular Homicide. The victim’s family incurred several costs as a result: funeral expenses, therapy, lost income, and a new car. Isabel is ordered to pay $125,000 to repay the costs to the victim’s family.
It is also critical to understand that restitution is not a flat fee. Interest is assessed to restitution every year, and late fees will also be assessed if you do not pay within 7 days of the required due date.
Can My Probation Be Revoked if I Don’t Pay Restitution in Loveland and Estes Park?
Yes, your probation could be revoked if you don’t pay restitution in Loveland or Estes Park. The Larimer County Courts don’t just “let it go” if you fail to make required restitution payments. According to C.R.S. 16-18.5-105, a collections investigator will conduct a financial investigation to determine your ability to make your restitution payments. If necessary, the Courts will then engage in a variety of actions to force you to pay restitution, including:
- Wage garnishment, which can be up to 50% of your earned wages
- Property liens
- Additional fees for late or unpaid payments
- Probation revocation – restitution is a condition of probation under C.R.S. 18-1.3-205.
- Remand you to the Larimer County Jail with a recommendation for a work release program
- Holding you in contempt of court
The collections investigator may first request that the Larimer County Courts set a hearing so that you can demonstrate inability to make restitution payments. If you were unexpectedly laid off, for example, you can furnish proof showing that you couldn’t make the payments. However, if the Courts determine that you could have paid restitution but failed to do so, you will be severely penalized.
Talk to the Best Larimer County Criminal Defense Lawyers Today
If you have been charged with a crime, you need to talk to the best Larimer County criminal defense lawyers today. It is first imperative that you understand all the penalties that could result from conviction, including restitution. An experienced lawyer will advise you as to how much you could be required to pay in restitution, as well as other costs you may incur. Then we will fight on your behalf so that you only are required to pay as much restitution as is necessary. In the most ideal circumstances, we could even fight for the charges against you to be dismissed, and you would not have to pay restitution. Don’t wait to contact us so that we can help you protect your future from restitution and other penalties destroying your future.
Have you been charged with a crime? Be smart, and exercise your right to stay silent – talking to the Fort Collins Police or Larimer County Sheriff could result in your incrimination. Instead, discuss your charges with a top criminal defense lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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