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Restitution is full, partial or nominal payment for pecuniary damages to a victim including:
A victim is any person whom the court determines has suffered pecuniary damages as a result of a defendant's criminal activities. A victim does not include any codefendant in the defendant's criminal activities.
Criminal activity is any offense of which the defendant is convicted or any other criminal conduct for which the defendant admits responsibility to the sentencing court with or without an admission of committing the criminal conduct.
Pecuniary damages are all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and includes:
Losses including earnings and medical expenses
The money equivalent of property taken, destroyed, broken, or otherwise harmed
Restitution must be requested through the criminal case. If restitution is needed for an item that was stolen, the request must be submitted through the theft case filed against the defendant.
Restitution can be requested through the prosecutor's victim advocate program. A Restitution Request Form can be provided by the victim advocate to be completed, signed and returned with copies of receipts or other documents that support the claim.
Please contact Nicole Daugherty at 801-940-1607 as soon as possible if you are interested in applying for restitution. The court proceedings move quickly and restitution cannot be requested once a defendant has already been sentenced.
Utah Code states that the things to be considered in determining restitution are:
Other circumstances which the court deems relevant
If restitution is ordered to be paid to you, the defendant will pay it to the court or through a probation agency. The court or probation agency will then forward a check to you for the amount paid.
If you do not receive payments as ordered, contact the court first and they can either tell you:
Crime Victim Reparations is a federal compensation program funded by fines paid by criminal offenders. You may be eligible for this program if you are a victim of a crime against persons and if a police report has been filed. Learn more from the Utah Office for Victims of Crime.