Restitution Hearing Brief

RESTITUTION HEARING BRIEF

TABLE OF CONTENTS

1. Caption
2. Statement of the Case
3. Governing Restitution Statute
4. Victim Information and Claimed Losses
5. Disputed Restitution Amount
6. Defense Arguments Against Proposed Restitution
7. Proposed Alternative Restitution
8. Ability-to-Pay Analysis
9. Proposed Payment Plan
10. Legal Authority and Case Law
11. Certificate of Service

Caption

IN THE [DISTRICT / COUNTY] COURT

[____] COUNTY, COLORADO

Case No.: [____]

Division: [____]

THE PEOPLE OF THE STATE OF COLORADO,

Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant.

DEFENDANT'S BRIEF IN SUPPORT OF RESTITUTION HEARING

Statement of the Case

The Defendant, [DEFENDANT FULL NAME], was [convicted of / pleaded guilty to / pleaded nolo contendere to] [OFFENSE(S)] on [DATE], in violation of C.R.S. § [____].

The People have requested restitution in the amount of $[AMOUNT]. The Defendant submits this brief to address the proper calculation of pecuniary losses proximately caused by the offense.

Governing Restitution Statute

• C.R.S. § 18-1.3-603(1): Every order of conviction shall include consideration of restitution.
• C.R.S. § 18-1.3-602(3)(a): "Restitution" means any pecuniary loss suffered by a victim, including losses or injuries proximately caused by an offender's conduct that can be reasonably calculated and recompensed in money.
• C.R.S. § 18-1.3-602(4)(a): "Victim" means any person aggrieved by the conduct of an offender, including any person against whom the offense was perpetrated or attempted.
• C.R.S. § 18-1.3-603(3): The court shall base restitution on the defendant's conduct, not limited to the specific charges of conviction.
• C.R.S. § 18-1.3-604: The court shall consider the defendant's ability to pay when establishing the method and time of payment.

Victim Information and Claimed Losses

Alleged Victim: [VICTIM NAME]

Claimed Losses:

Disputed Restitution Amount

Amount Requested by People: $[____]

Amount Defendant Contends Is Appropriate: $[____]

Basis for Dispute:

1. [SPECIFIC DISPUTED ITEM]
2. [SPECIFIC DISPUTED ITEM]

Defense Arguments Against Proposed Restitution

A. Proximate Causation Not Established

Colorado requires proximate causation -- the losses must be proximately caused by the offender's conduct and reasonably calculable. C.R.S. § 18-1.3-602(3)(a).

The claimed losses for [SPECIFIC ITEM] are not proximately caused by the Defendant's conduct because [EXPLAIN].

B. Errors in Calculation

• [DESCRIBE ERROR 1]
• [DESCRIBE ERROR 2]

C. Losses Not Reasonably Calculable

Under C.R.S. § 18-1.3-602(3)(a), restitution is limited to losses that "can be reasonably calculated and recompensed in money." The following claims are not reasonably calculable:

• [DESCRIBE]

D. Speculative Damages

[DESCRIBE SPECULATIVE CLAIMS]

E. Insurance and Collateral Source Offset

The victim has received $[AMOUNT] from [INSURANCE/SOURCE]. To the extent the victim has been fully compensated, the restitution should be adjusted accordingly.

F. Restitution Beyond Charges of Conviction

The People seek restitution for losses beyond those attributable to the offenses of conviction. The Defendant objects to restitution for [SPECIFIC ITEM] as it exceeds the scope of the defendant's actual criminal conduct.

Proposed Alternative Restitution

Total Proposed Restitution: $[____]

Ability-to-Pay Analysis

Pursuant to C.R.S. § 18-1.3-604, the court shall consider the defendant's ability to pay in establishing the method and time of payment.

Employment Status: [EMPLOYED / UNEMPLOYED / INCARCERATED / DISABLED]

Monthly Income: $[____]

Monthly Expenses: $[____]

Monthly Disposable Income: $[____]

Assets: [DESCRIPTION]

Liabilities: [DESCRIPTION]

Proposed Payment Plan

• Total Restitution Amount: $[____]
• Monthly Installment: $[____]
• Payment Duration: [____] months
• Start Date: [DATE]

Legal Authority and Case Law

1. C.R.S. § 18-1.3-603 -- Mandatory consideration of restitution in every conviction.
2. C.R.S. § 18-1.3-602(3)(a) -- Restitution limited to pecuniary losses proximately caused by offender's conduct.
3. People v. Weeks, 2021 CO 75 -- Restitution must be supported by sufficient evidence and be reasonably calculable.
4. People v. Henson, 307 P.3d 1116 (Colo. App. 2013) -- The People bear the burden of proving restitution by a preponderance of the evidence.
5. People v. Carbajal, 198 P.3d 102 (Colo. 2008) -- Due process requires notice and opportunity to be heard on restitution.
6. C.R.S. § 18-1.3-604 -- Court shall consider ability to pay for payment method and timing.

Certificate of Service

I hereby certify that on [DATE], I served a true and correct copy of this Restitution Hearing Brief upon:

[PROSECUTOR NAME]
[DISTRICT ATTORNEY'S OFFICE]
[ADDRESS]

______________________________________
[ATTORNEY NAME], Esq.
Colorado Attorney Reg. No. [____]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Attorney for Defendant

Colorado-Specific Notes

☐ Mandatory Consideration: Restitution must be considered in every conviction. C.R.S. § 18-1.3-603(1).

☐ Proximate Causation: Losses must be proximately caused by the offender's conduct. C.R.S. § 18-1.3-602(3)(a).

☐ Conduct-Based: Restitution is based on the defendant's conduct, not limited to charges of conviction.

☐ Standard of Proof: Preponderance of the evidence.

☐ Ability to Pay: Considered for payment method and timing, not the amount. C.R.S. § 18-1.3-604.

☐ Victim Includes Insurers: C.R.S. § 18-1.3-602(4)(a).

☐ Appellate Review: Abuse of discretion standard.

☐ Enforcement: Enforceable as a civil judgment. C.R.S. § 16-18.5-107.

This template is provided for educational and informational purposes only by ezel.ai. It does not constitute legal advice. Consult a licensed Colorado attorney before use.