The defense attorney is provided with a copy of all documentation you submit. This “discovery” process is done prior to the sentencing hearing so that restitution can be ordered at the time of sentencing. If we do not hear from you or receive your restitution request form, we are unable to notify the judge that you are requesting restitution.
At the Sentencing Hearing, the judge will be provided a Restitution Notice with the amount of restitution requested on the victim’s behalf. If there is no objection from the defense attorney or judge, it is ordered. If there is an objection, the defendant has a right to a Restitution Hearing which will be scheduled for a future date. The victim may be subpoenaed for this hearing.
When a defendant is convicted of a crime the judge may order they pay restitution. The amount of restitution ordered is based on the economic damages the victim suffered as a direct result of the crime. The judge makes the final decision on what can and cannot be ordered as restitution.