Tag: restitution
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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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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…
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Appeals court overturns $9,150 restitution order after Jeffco judge did not follow law
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 court says defendants must pay restitution even if prosecution ‘undercharges’ them
Colorado’s second-highest court ruled on Thursday that criminal defendants must still pay financial restitution to their victims for the losses they cause, even if they are convicted of a crime that caps the dollar amount at something less. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. Restitution means…
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Appeals judge raises flag about whether insurance companies can collect restitution after traffic convictions
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
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
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…