restitution
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Appeals court overturns $9,150 restitution order after Jeffco judge did not follow law
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Colorado’s second-highest court last week overturned an order for a criminal defendant to pay $9,150 to his victim, citing the trial judge’s failure to abide by the legal process for imposing financial restitution. In Colorado, as part of sentencing, judges must consider whether defendants owe restitution to their victims. If so, prosecutors generally need to provide…
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Appeals judge raises flag about whether insurance companies can collect restitution after traffic convictions
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A member of Colorado’s second-highest court said on Thursday that she was skeptical insurance companies are entitled to collect crime victim restitution from defendants convicted of misdemeanor traffic offenses, but lawmakers had not provided clear direction one way or the other. A three-judge panel for the Court of Appeals agreed the evidence did not render…
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Appeals court overturns Douglas County judge’s unlawful $22k restitution order
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A Douglas County judge ordered a defendant to pay crime victim restitution eight months beyond the legal deadline and nearly two years after the Colorado Supreme Court warned trial judges to follow the law, the state’s second-highest court ruled on Thursday. The Court of Appeals also noted former District Court Judge Patricia Herron “recharacterized history”…
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Colorado Supreme Court rebuffs AG’s plea to scrap restitution ruling while remaining open to tweaks
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During a marathon session of oral arguments on Tuesday, members of the Colorado Supreme Court appeared open to tweaking their landmark 2021 decision warning trial judges and prosecutors to follow the law when awarding restitution to crime victims. But the justices quickly gave the Colorado Attorney General’s Office a reality check, indicating the Supreme Court…
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Colorado Supreme Court to decide whether to retreat on landmark restitution ruling
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The Colorado Supreme Court will incorporate an unorthodox twist into its oral argument calendar this week, hearing five cases that all revolve around the same subject: Was the court serious when it said three years ago that judges who do not follow the law lose their authority to order criminal defendants to pay restitution? In…
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Appeals court finds flaws with restitution orders in 2 criminal cases
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Colorado’s second-highest court last week overturned multiple orders, in whole or in part, for criminal defendants to pay financial restitution to their victims. In the first case out of Arapahoe County, Aron Sanchez was charged for two sets of crimes. He was accused of breaking into a vehicle to steal a stereo, after which his…
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Appeals court again reminds Colorado prosecutors to submit restitution requests on time
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Colorado’s second-highest court on Wednesday once again reminded prosecutors and trial judges to pay attention to the deadlines for crime victim restitution in state law, the latest in a series of decisions cracking down on deviations from the restitution process. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must…
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Divided appeals court upholds $111,600 restitution order in Denver murder case
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Colorado’s second-highest court last week upheld a Denver judge’s crime victim restitution order as valid, but with continued disagreement over how to apply the Supreme Court’s recent guidance about the state’s restitution law. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must provide the requested amount by the time…
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Appeals court overturns restitution order due to Douglas County judge’s extreme delay
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Colorado’s second-highest court on Thursday overturned a Douglas County judge’s order for $12,500 in crime victim restitution, which she issued nearly two years after the defendant’s sentencing and several months after the state Supreme Court told trial judges to pay attention to the 91-day deadline in the law. Before the Court of Appeals, both the…