If you have been the victim of a crime, you are entitled to be compensated in criminal court for certain losses which you have suffered. The person who committed the crime may be ordered to pay you back for your direct losses as a result of the crime. This is called restitution.
Restitution can only be ordered if the defendant pleads guilty or is found guilty following trial. Restitution information must be available at the time of sentencing for the Judge to order it; therefore it is important that you submit your restitution request as soon as possible. Otherwise, restitution may not be ordered to you.
Restitution request forms are sent to all victims with the initial trial notification of the first scheduled trial date. It is the victim’s responsibility to complete and return this form to the District Attorney’s Office before the trial date. If you do not receive the form or are requesting another form, please call the Victim/Witness Coordinator at (570)-253-4912. You may download a copy of the Restitution Form.
You may request restitution for damaged or stolen property and medical or counseling expenses. It can include your out-of-pocket expenses, bills you have paid or owe and insurance deductibles. Restitution in a criminal case cannot include payments for pain and suffering or for loss of equity or interest. Any questions regarding any civil remedies that you may have must be directed to a civil attorney. The Victim/Witness Coordinator may provide you with information that explains civil justice for victims of crime.
At sentencing, the Judge will order that a specific amount of restitution be paid based upon the information that you provide to the District Attorney’s Office. Restitution is paid to the Clerk of Courts office by the defendant and the Clerk of Courts distributes the money to the victim(s). When the defendant begins to make payment, a certain amount of money is taken out for court costs and the remaining money is applied to pay restitution amounts until they are completely paid off. Victims are always paid before insurance companies.
The Adult Probation and Parole Department is responsible for ensuring that the defendant pays restitution. If the defendant is on probation or parole, a payment plan is established by the supervising Probation/Parole Officer. If the defendant does not make regular restitution payments, there are progressive steps that can be taken to enforce the order. More information can be obtained by contacting the Adult Probation and Parole Department at (570)-253-5970.
If the defendant is sent to the Wayne County prison, you may not receive any payments until after he/she is released.
If the defendant is in a state prison, a portion of the money in his/her inmate account can be taken out each month to pay restitution. For more information about offenders in state prison, you may contact the Office of the Victim Advocate at 1-800-322-4472 or visit www.ova.state.pa.us
If your name or address changes, it is very important that you notify the Clerk of Courts office at (570)-253-5970 Ext.4040. Some changes may require documentation.