Frequently Asked Questions - A Victim's Right to Restitution

We have assembled answers to the questions most frequently asked about Restitution and a victim's rights. These answers do not cover every situation, so please don't hesitate to contact us if you have questions or concerns.

• Restitution defined
  
  
  1. What is restitution?
  2. What is the purpose of Restitution?
  3. What is the difference between a restitution fine and a restitution order?
  
  
• Requesting restitution
  
  
  1. How do I request restitution if I am the victim of a crime?
  2. Do I have a right to restitution from the defendant?
  3. Under what circumstances may the court reduce/waive a restitution fine?
  4. Under what circumstances may the court reduce/waive a restitution order?
  5. How does the payment get to me?
  6. How is the issue of restitution affected when some charges against a defendant are dismissed as a result of a plea negotiation?
     
  
  
• Collecting restitution
  
  
  1. How can I collect on a restitution order?
  2. At the time of sentencing, a victim's losses are not yet known. How should the issue of assessing a restitution order be handled?
  3. How can I obtain information regarding a defendant’s assets?
  4. How do I obtain copies of the restitution order and the defendant’s financial disclosure statement?
  5. Can a restitution fine or order, imposed in juvenile proceedings, be collected from the offenders' parents?
  6. What is the restitution fine structure for juvenile offenders?
  
  
• Restitution and the courts
  
  
  1. Can the court order the defendant to pay me for the cost of collecting the restitution order?
  2. Can the court order the defendant to pay me for losses where my insurance company has already reimbursed me for those losses?
  3. Can the court order a defendant to pay restitution to a public agency for costs of emergency response?
  4. A defendant, charged with a felony offense, has been placed on court-ordered diversion. Is restitution applicable in this case?