Restitution is the money a judge orders the offender to pay to the victim to compensate the victim for losses suffered as a result of the crime. Restitution is part of the offender's sentence or disposition and can be ordered in both adult and juvenile cases after the offender is found guilty or pleads guilty. The amount of restitution ordered by the judge depends on the victim's crime-related expenses and the offender's ability to pay.
Victims with out-of-pocket losses resulting from a crime may request restitution. Organizations such as churches, schools, businesses, or government agencies may also be eligible if they sustained a loss due to crime.
Restitution may be requested for a victim's out-of-pocket losses that are a direct result of a crime. Eligible expenses may include, but are not limited to:
- Medical and Dental Bills
- Counseling Costs
- Lost Wages
- Property Losses
- Repairing Damaged Property
If the full amount of the out-of-pocket loss is unknown at the time of sentencing or juvenile disposition, the amount of restitution may be determined at a later date, although restitution should still be requested. Requests may also be made for anticipated expenses, such as ongoing medical or counseling expenses.
A criminal court cannot order restitution payments for:
- Physical Pain
- Suffering
- Emotional Trauma
Victims seeking financial compensation for these types of losses may wish to hire an attorney to pursue a personal injury claim in civil court against the offender.
Requests for restitution should be made in writing using an Affidavit of Restitution form prior to the sentencing or juvenile dispositional hearing. A sample of the Affidavit of Restitution form is available at the bottom of this page. To receive an Affidavit of Restitution form for your specific case contact the Redwood County Attorney’s Office Crime Victim Services Coordinator at (507) 637-1399.
Requests for restitution should be supported by copies of documents detailing the victim's expenses including:
- Medical/Dental Bills
- Insurance Co-payment Receipts
- Estimates for Replacing Stolen Items or Repairing Damaged Property
- Counseling Bills
- Transportation Expenses
- Other Out of Pocket Expenses Directly Related to the Crime
