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FINANCIAL CONCERNS
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In addition to the emotional toll robbery can take on victims, there
may also be financial concerns. Unfortunately, many stolen items,
whether money, jewelry, or other items are not recovered. This may be
quite a burden on victims of property crime, especially in instances in
which items were not insured.
In some cases, a victim may be eligible for financial restoration,
called restitution, from the defendant convicted of robbing them
of their property. Restitution covers only out-of-pocket expenses for
the cost of the item or for replacing the item. If an item is covered
by insurance, and insurance claim must be filed first.
Unfortunately, there are several limits to restitution, including:
1) It 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 restitution 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 of 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 courts' ability to enforce the
restitution order. At this point, the restitution order becomes a civil
judgment, which now can be pursued through other, civil means.
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Sometimes, a victim’s property may be recovered by the
police, but held in police custody. There are many reasons that property
may be held as evidence. Items, such as a weapon or car, may have been
used in another crime committed by the defendant who stole it. Or, the
investigators may need to process the stolen item, such as bank bags,
for fingerprints. Sometimes, an item may be held because it is needed to
be presented in court as evidence at the trial. In other cases, the
victim may not be aware that it has been recovered, or may have failed
to provide the police with proof of ownership. To find out if your
stolen items have been recovered and if they are being retained, contact
the law enforcement agency investigating the crime. The Victim-Witness
Program can also be useful in helping coordinate the victim’s recovery
of property held as evidence.
Finally, victims of crime who suffer from physical or emotional
injuries as a result of the crime may be eligible for state
compensation from the Criminal Injuries Compensation Fund to cover
medical expenses, psychological counseling, partial loss of earnings, or
funeral expenses that are incurred as a result of their victimization.
For more information on the Criminal Injuries Compensation Fund, see
THE
RIGHT TO FINANCIAL ASSISTANCE.
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