|Is restitution mandatory?|
Yes if it is properly proven. Pennsylvania legislation, Act 1995-12, requires the court to order restitution properly proven in the following order to:
Crime Victim’s Compensation Board;
Any other governmental agency which has provided reimbursement to the victim as a result of the defendant’s criminal conduct;
Any insurance company which has provided reimbursement to the victim as a result of the defendant’s criminal conduct.
|How do I get restitution?|
A restitution claim form will be given to you at the preliminary hearing or mailed to you. All restitution claims must be supported with copies of actual receipts or bills, establishing the exact amount of the loss. Your restitution claim must be received by the District Attorney’s office before the defendant’s sentencing. Restitution claims must be presented at the time of sentencing and will be determined by the court at that time. After sentencing, additional restitution claims will not be accepted unless special circumstances exist.
|How is restitution paid?|
Restitution may be paid in a lump sum, in monthly installments, or in any other payment plan the court may order, provided the defendant has the present ability to pay.
|Will my restitution be paid promptly?|
Collection of restitution may be a lengthy process. The defendant’s ability to pay affects when and if you receive payment. Although the defendant may be ordered to pay the restitution, payment may not be made if the defendant has little or no income.
|What is not covered by restitution?|
Submitted claims cannot include lost wages, inflated car values, pain and suffering or the sentimental value of property.
|Can my insurance company receive reimbursement from the defendant?|
Yes. The court can order restitution to your insurance company. You need to provide Victim/Witness Services with your insurance company’s address and claim number. A restitution claim form will be sent to your insurance company so that a claim can be submitted.
|Can I file a civil suit?|
Although Mifflin County automatically files a civil judgement for each defendant at the time of sentencing, you may also file civil action on your own behalf at any time.
As a victim, you have the right to return to your pre-crime economic status. This can occur through restitution, Crime Victim’s Compensation, and/or the return of your property. As a victim of crime, you may recover your out-of-pocket expenses—known as restitution—through court-ordered payments made by the defendant.
You are responsible, as a victim, for accurate accounting of your expenses through bills and receipts. Proof of your loss must be received by Victim/Witness Services before the final sentencing hearing at the courthouse. Failure to provide documentation will result in NO restitution being paid to you. Any changes in your name, address, or telephone number are important and must be reported to Victim/Witness Services in order for you to receive court appearance information and hearing notices.