In some situations, convicted criminal defendants are forced to pay compensation, or restitution, to the victim. Typically, the purpose of restitution is to compensate the victim for losses that he or she suffered as a result of the crime.

Purpose of Restitution
Depending on whether the defendant is granted probation, restitution has 2, possibly 3, purposes:

• To rehabilitate the defendant -- If probation is conditioned on payment of restitution to the victim, the primary purpose is rehabilitation.
• To compensate the victim -- If the defendant is merely required to pay restitution, the purpose of restitution is to compensate the victim for any loss resulting from the crime (usually in fraud cases).
• To eliminate the need for a civil proceeding -- Restitution helps the victim avoid the cost of pursuing a lawsuit in a civil court for damages related to the crime.

When & How It's Requested
Victims should make a request for restitution as early as possible in a criminal proceeding, but no later than sentencing of the offender. You can usually obtain restitution request forms from the county prosecutor, victim service provider, or corrections officer.

Additionally, most criminal law firms should be able to provide you with the necessary documents. In addition to the request form, you should have with you documents to support your claims (receipts, medical bills, estimates, etc.).

What Restitution Covers
Restitution will only cover out-of-pocket expenses incurred as a result of the crime. Also, many jurisdictions have limited the amount of restitution you may recover from a criminal proceeding, and judges will sometimes only award what your insurance will not cover.

What Restitution Won't Cover
Restitution will not compensate you for physical pain and emotional trauma. For these types of claims, you must seek a civil remedy in a civil action.

Another complication is that recovering the money from a defendant is difficult if not impossible. Although a court may award you restitution, you have to go through normal collection processes which can be laborious, frustrating, and time-consuming.