What is the procedure for requesting restitution from a defendant who caused me financial loss as a victim of their crime in California?
To request restitution, you must document your financial losses resulting from the crime and submit this evidence to the prosecutor's office or the county probation department for the court's review. The judge will then issue a formal restitution order as part of the defendant's sentence.
Here is the general procedure:
Step 1: Contact the Victim/Witness Assistance Center
Immediately contact your county's Victim/Witness Assistance Center, which is typically located within the District Attorney's Office. A victim advocate will guide you, provide the necessary forms, and explain your rights under Marsy's Law.
Step 2: Collect Documentation of Your Losses
Gather all documents that prove your economic losses. These include medical bills, receipts for property repair or replacement, invoices for counseling services, and pay stubs to show lost wages from missing work. Make copies of everything.
Step 3: Complete and Submit a Victim Loss Statement
The victim advocate or probation department will give you a Victim Loss Statement form. On this form, you must itemize every loss and attach copies of your supporting documents. Submit this packet to the prosecutor assigned to the case before the defendant's sentencing hearing.
Step 4: Attend the Sentencing and Restitution Hearing
The judge sets the final restitution amount at a hearing, which often occurs at the same time as sentencing. You have the right to attend this hearing and speak to the judge about how the crime impacted you financially. The defendant also has a right to challenge the amount you are requesting.
Important Considerations:
Restitution is for direct economic losses only; it does not cover "pain and suffering." The court will order the defendant to repay the full amount of your verified losses. If you discover additional losses after the original order is made, you can petition the court to modify the amount by contacting the probation department.
Note:
Be aware that collecting payment can be a long and difficult process. If the defendant is sentenced to prison, payments may be collected from their prison wages or trust account. If they are on probation, the probation department will oversee payments. Failure to pay can result in a probation violation.
This is general information and does not constitute legal advice. For complex situations, especially those involving significant financial loss, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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