restitution
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Colorado court overturns illegal $7,000 restitution order
Colorado’s second-highest court overturned a Weld County defendant’s obligation to pay more than $7,000 in crime victim restitution on Thursday because a trial judge failed to issue a legally compliant restitution order at the time of sentencing. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. In People…
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Parole, appeals deadlines and restitution: Colorado justices accept cases
The Colorado Supreme Court announced on Monday that it will determine how a defendant’s parole-eligibility date should be calculated in instances where a new trial results in a sentence being imposed retroactively to the date of the original, since-overturned sentence. At least three of the court’s seven members must agree to hear a case on…
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10th Circuit agrees Colorado satisfied jury award after intercepting money for restitution
The Denver-based federal appeals court agreed last week that Colorado satisfied its obligations by not paying a man directly for violating his rights, but rather crediting the jury’s multimillion-dollar award toward the crime victim restitution he still owed in his criminal case. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit…
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GoFundMe donations for victim do not lessen defendant’s restitution obligation, appeals court rules
Donations made to a victim’s crowdfunding page do not necessarily reduce the defendant’s obligation to pay crime victim restitution, Colorado’s second-highest court concluded on Thursday. Under state law, crime victim compensation boards reimburse victims for certain monetary losses, including funeral costs, medical expenditures, and property damage. Prosecutors may, in turn, seek restitution payments from the…
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Divided appeals court overturns defendant’s $350,000 restitution obligation
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…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
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,…
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Appeals court wipes away defendant’s $66,000 restitution obligation after trial judge did not follow law
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…
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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…
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Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
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…
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Colorado justices, 5-2, say police money used for drug deals not subject to crime victim restitution
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…