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Unfortunately, many stolen items are not recovered, and many damaged items may need expensive repairs. This may be quite a burden on victims of property crime, especially in instances in which items were not insured.

In some cases, a property crime victim may be eligible for financial restoration, called restitution, from the defendant convicted of stealing or destroying their property.  To get more information about what can be covered under restitution and to access an online form, go to FORMS. 

Generally, restitution covers only out-of-pocket expenses for replacing the item or making a repair.  If an item is covered by insurance, an insurance claim must be filed first. Unfortunately, there are several limits to restitution, including:

1) Restitution is always at the discretion of the Court.
2) Claims must be accompanied by documentation.
3) An order of restitution is never a guarantee of payment.  Defendants are not required to make payments while incarcerated, and many fail to comply with the Court’s order even when they are not incarcerated. If you receive and order of restitution, however, and the defendant has failed to make payments, you can contact your local Victim-Witness Assistance Program. They can advise you of the courses or action available to enforce the defendant to comply with the Court’s order.
4) Eventually, every defendant’s probationary period ends, and with it ends the Criminal Justice Process’ ability to enforce the restitution order. At this point, the restitution order becomes a civil judgment, which now can be pursued through civil means.

Victims of property crimes may also be eligible to pursue civil action against the defendant. This is especially true in cases in which the victim’s property was damaged in an automobile accident. The General District Court clerk’s office in your area can advise you of how to file civilly. Or, you may select a civil attorney of your choice. If personal finances are an issue in initiating civil proceedings, victims may be eligible for services through Legal Aid.

NOTE: If the property stolen was a vehicle, and no suspect has been identified, the victim still may be eligible to recover towing expenses. Contact your local law enforcement office or Victim-Witness Program for more information to see if you qualify.

In cases in which the theft or damage has caused extreme hardship, such as with elderly victims of fraud or victims who have experienced the theft of their only automobile, the Victim-Witness Assistance Program may be able to provide crime victims with names of community agencies that may be able to assist in the time of crisis and need.