restitution
-
Divided appeals court overturns defendant’s $350,000 restitution obligation
—
by
Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
-
Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
—
by
Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
-
Appeals court wipes away defendant’s $66,000 restitution obligation after trial judge did not follow law
—
by
Colorado’s second-highest court voided a defendant’s obligation to pay more than $66,000 in crime victim restitution last week, finding a Mesa County judge neglected to follow the process laid out in state law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so, prosecutors generally need to…
-
By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
—
by
Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…
-
Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
—
by
The Colorado Supreme Court announced on Monday that it will hear yet another case about crime victim restitution and will also address a problem created by one of its prior decisions that restricted how convicted defendants can take advantage of favorable law changes on appeal. At least three of the court’s seven members must agree…
-
Colorado justices, 5-2, say police money used for drug deals not subject to crime victim restitution
—
by
The Colorado Supreme Court, by 5-2, ruled on Monday that the state’s crime victim restitution law does not obligate defendants to repay law enforcement agencies for unrecovered money they use to buy drugs undercover. The government maintained the restitution law authorized the repayment of “buy money” because it was either “money advanced by law enforcement…
-
Colorado Supreme Court accepts cases on campaign transparency, crime victim restitution
—
by
The Colorado Supreme Court announced on Monday that it will review whether the state’s requirement that ballot issue advocacy groups disclose the name of their legal representative on their election communications violates the First Amendment. At least three of the court’s seven members must agree to hear an appeal. The justices also accepted a case implicating Colorado’s crime…
-
Despite tough talk, Colorado justices punch holes in 2021 crime victim restitution ruling
—
by
In a package of five opinions released on Tuesday, the Colorado Supreme Court stood by its general interpretation of the state’s crime victim restitution law from four years ago, while it simultaneously agreed that some judges’ violations of the law are not subject to challenge. The marathon set of oral arguments last fall made clear…
-
Divided appeals court upholds judge’s decade-old violation of restitution law
—
by
Colorado’s second-highest court turned aside a defendant’s challenge earlier this month to a judge’s decade-old order that he pay $28,518 in crime victim restitution, even though the judge failed to comply with state law in doing so. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
-
Federal judge agrees state’s ‘intercept’ of man’s $3.5 million jury award was proper
—
by
A federal judge agreed last month that Colorado acted properly by not paying a man directly for violating his rights, but instead crediting the jury’s multimillion-dollar award toward the crime victim restitution he still owed in his criminal case. Addressing an unusual question, U.S. District Court Judge S. Kato Crews determined it was permissible for…
