The Crime Victim Bill of Rights is codified in chapter 611A of Minnesota’s statutes. It lays out a number of important rights for victims of crimes, including to receive notice of their rights from law enforcement, to apply for reparations, to have information regarding assistance programs, and to participate in the prosecution process in critical ways. This blog discusses the right of crime victims to seek restitution.

What is restitution?

Restitution is money paid by the defendant to the victim for any out-of-pocket, economic losses caused by the crime. Costs may include (i) medical and therapy costs; (ii) lost wages; (iii) funeral expenses; (iv) property damages; or (v) other damages directly caused by the crime.

Any restitution order does not bar the victim for pursuing, and winning, any other civil lawsuit. But the restitution may offset any civil recovery.

Who can request restitution?

Any “victim” of a crime may request restitution. The victim may be the primary person harmed, such as the person punched during an assault, or a family member or guardian, if the primary person harmed is a child, is mentally incompetent, or is dead.

Victims can also be corporations, such as a store harmed by shoplifting. Similarly, the government can request restitution as a victim. For example, the government could seek restitution for a traffic sign damaged when a person committed the crime of driving while drunk. 

How is the amount of restitution decided?

A crime victim seeking restitution must provide a sworn affidavit or other evidence describing the specific loss. This includes itemizing the loss and assigning a specific dollar value. The crime victim must explain why the amount is justified.

The defendant is then allowed to dispute the value. If a defendant wants to fight the amount of restitution, a request for a hearing must be made within 30 days (of sentencing or notice of the restitution request, whichever is later).

Additionally, the defendant may argue an inability to pay. The court must consider the defendant’s income, resources, and other obligations in making this decision.

When is the amount of restitution determined?

Restitution may be decided at the same hearing as sentencing. Otherwise, the restitution decision will be made at a separate hearing. This may occur if the full amount of restitution is not yet known at sentencing or when the defendant was not given enough notice of the restitution claims to fairly contest them.

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This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.