Victim Restitution Brochure

Victim Restitution

Mohave County Attorney
Victim/Witness Program
(928) 718-4967
301 Pine St., Kingman, AZ 86401
P.O. Box 7000, Kingman, AZ 86402-7000

Have you suffered a financial loss due to a crime? If so, you may request Restitution.

WHAT IS RESTITUTION?

Restitution is financial reimbursement paid by the defendant for economic losses that are the direct result of a criminal offense. “Economic loss” includes out-of-pocket expenses and other losses incurred by the victim due to the crime. Restitution cannot be ordered to pay damages for pain and suffering, punitive damages, or consequential damages. Restitution can only be ordered by the court after the defendant is convicted of the offense.

HOW TO REQUEST RESTITUTION

To request Restitution, please complete the Restitution Request Form provided to you by the Mohave County Victim/Witness Program. For your convenience, this form can also be found at victimwitness.mohave.gov.

Please include any supporting documentation such as copies of receipts and/or bills when submitting the Restitution Request Form to the Victim/Witness Program.

PRE-CONVICTION LIEN

The Pre-Conviction Restitution Lien protects the victim’s interest in property listed in the defendant’s name within the State of Arizona and may include real estate, personal property, mobile homes, vehicles, boats, and all-terrain vehicles. A Pre-Conviction Restitution Lien may prevent the defendant from disposing of or transferring assets.

This Lien must be filed with the Court by the victim before the defendant is convicted of the crime. The Court must release a Pre-Conviction Restitution Lien if the defendant is acquitted or the State does not proceed with prosecution. Online instructions can be found at: https://www.azcourts.gov/restitution/Victim-Restitution/Restitution-Forms

CRIMINAL RESTITUTION ORDER (CRO)

A Criminal Restitution Order (CRO) is a judgment by the court for the financial sanctions owed to the victim by the defendant. A CRO is a restitution lien which protects the victim’s interests. The victim may need to file the CRO with the appropriate agencies to protect the victim’s interest in property/assets in the defendant’s name within the State of Arizona after the defendant has been convicted of the offense. A CRO may accrue interest at a rate of 10% per annum. The Clerk of the Court will release the lien only when restitution is paid in full.

RESTITUTION LIEN

A Restitution Lien is a document which protects a victim’s interest in property listed in the defendant’s name within the State of Arizona. The property may include real estate, personal property, mobile homes, vehicles, boats, and all-terrain vehicles. A Restitution Lien may be filed by the victim, after restitution is determined and ordered by the court. Please see “Criminal Restitution Order (CRO)” in this pamphlet for additional information.

AFTER RESTITUTION IS ORDERED

Defendants sentenced to Prison

If the defendant is sentenced to the Arizona Department of Corrections and ordered to pay restitution, the maximum amount allowable shall be withdrawn from the defendant’s spendable account. Monies are then sent to the Clerk of the Court for distribution to the victim. For more information, please contact Arizona Department of Corrections Victim Services.

Defendants sentenced to Probation

If the defendant is sentenced to Probation, restitution payments may be ordered by the Court. The defendant’s payment is calculated by the amount of restitution to be paid, the defendant’s ability to pay, and the amount of time the defendant is expected to be on Probation.

Defendants sentenced to Supervised Probation

If the defendant is sentenced to Supervised Probation, restitution payments may be ordered as a condition of Probation. The defendant’s payment is calculated by the amount of restitution to be paid, the defendant’s ability to pay, and the amount of time the defendant is expected to be on Probation. If restitution is still owed at the end of the Supervised Probation term, the Probation Officer may recommend extending the defendant’s probationary period to the court. If the victim is not receiving restitution, they can contact the assigned Probation Officer for more information.

RESTITUTION PAYMENTS

The defendant must submit restitution payments to the Clerk of the Court. The Clerk of the Court then forwards the payments to the victim. The victim must keep their address updated with the court and report any changes in writing.

RESTITUTION ENFORCEMENT

If the victim is not receiving restitution payments, the victim may contact the Clerk of the Court to obtain information regarding restitution and payment history. This service is free of charge.

If the defendant has not paid restitution, the victim may file a Petition for Order to Show Cause by contacting the Court in which the defendant was sentenced.

The Clerk of the Court participates in the Debt Setoff (DSO) Program and the Fines/Fees and Restitution Enforcement (FARE) Program for debt collection. If $41.00 or more is owed, the DSO Program can intercept the Defendant’s Arizona State Income Tax Refund. If $100.00 or more is owed, the DSO Program can intercept Arizona Lottery winnings of $600.00 or more. The FARE Program is a public/private partnership between the Administrative Office of the Courts (AOC), the Motor Vehicle Division, Arizona Department of Revenue, and a private vendor for collection of unpaid monetary court orders.

RESOURCES

Courts:

  • www.mohavecourts.com
  • Mohave County Superior Court
    (928) 753-0713
  • Kingman/Cerbat Justice Court
    (928) 753-0710
  • Bullhead City Justice Court
    (928) 758-0709
  • Lake Havasu City Justice Court
    (928) 453-0705
  • North Canyon Consolidated Court
    (928) 875-8700

Victim Services: