RESTITUTION HEARING BRIEF

TABLE OF CONTENTS

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

CAPTION

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], STATE OF LOUISIANA

DEFENDANT'S BRIEF IN SUPPORT OF / IN OPPOSITION TO RESTITUTION

NOW INTO COURT, through undersigned counsel, comes Defendant, [DEFENDANT NAME], who respectfully submits this Brief regarding the restitution hearing scheduled for [DATE], and in support thereof represents:

1. STATEMENT OF THE CASE

On or about [DATE OF OFFENSE], the Defendant was charged by [bill of information / indictment] with [OFFENSE(S)] in the above-captioned matter. On [DATE], the Defendant [entered a plea of guilty to / was found guilty of] [OFFENSE(S)].

The Court set a restitution hearing for [DATE] to determine the appropriate amount of restitution pursuant to Louisiana Code of Criminal Procedure Article 883.2.

[ADDITIONAL PROCEDURAL HISTORY]

2. APPLICABLE RESTITUTION STATUTE

Under Louisiana law, restitution is governed primarily by La. Code Crim. Proc. Art. 883.2, which provides:

• In all cases in which the court finds an actual pecuniary loss to a victim, the court shall order the defendant to provide restitution as part of the sentence (Art. 883.2(A));
• If the defendant agrees as a term of a plea agreement, the court shall order restitution to other victims of the defendant's criminal conduct (Art. 883.2(B));
• All restitution payments shall be made through the court's designated intermediary (Art. 883.2(C));
• If the defendant is found indigent, the court may order a periodic payment plan pursuant to Art. 875.1 (Art. 883.2(D)).

3. VICTIM INFORMATION AND CLAIMED LOSSES

The State has identified the following victim(s) and claimed losses:

Victim 1: [VICTIM NAME / IDENTIFIER]

4. DISPUTED RESTITUTION AMOUNT

The Defendant disputes the requested restitution in the following respects:

☐ The total amount of restitution is disputed
☐ Specific line items are disputed as follows:

5. DEFENSE ARGUMENTS AGAINST REQUESTED RESTITUTION

☐ A. No Actual Pecuniary Loss: Art. 883.2 requires a finding of "actual pecuniary loss." The State has not demonstrated actual pecuniary loss to the victim.

☐ B. Lack of Causal Connection: The claimed losses are not directly attributable to the offense of conviction. See State v. Lottinger, 2015-0491 (La. App. 1 Cir. 11/6/15), 184 So.3d 89.

☐ C. Insufficient Documentation: The State has failed to provide adequate documentation to support the claimed restitution amount.

☐ D. Insurance or Third-Party Recovery: The victim has received compensation through insurance or other sources, and restitution would result in a double recovery.

☐ E. Excessive Amount: The claimed amount exceeds the actual pecuniary loss sustained.

☐ F. Non-Pecuniary Losses Included: The State seeks restitution for non-pecuniary losses (e.g., pain and suffering), which are not authorized under Art. 883.2.

[DETAILED ARGUMENT]

6. PROPOSED ALTERNATIVE RESTITUTION

The Defendant respectfully proposes the following alternative restitution:

7. ABILITY TO PAY

The Defendant's current financial circumstances are as follows:

Employment Status: [________________________________]
Monthly Gross Income: $[________]
Monthly Net Income: $[________]

Monthly Disposable Income: $[________]

Assets:
[________________________________]

Debts/Liabilities:
[________________________________]

Dependents: [NUMBER] dependents

8. PROPOSED PAYMENT PLAN

The Defendant proposes the following payment plan pursuant to Art. 875.1:

9. LEGAL AUTHORITY AND ARGUMENT

A. The Court Must Consider the Defendant's Ability to Pay

La. Code Crim. Proc. Art. 875.1 mandates that the court consider a defendant's ability to pay before imposing financial obligations. The court must conduct an individualized assessment of the defendant's financial circumstances. See State v. Dickerson, 2017-0557 (La. App. 4 Cir. 3/21/18), 241 So.3d 527.

B. Restitution Is Limited to Actual Pecuniary Loss

Art. 883.2 expressly limits restitution to "actual pecuniary loss." Non-economic damages such as pain and suffering are not recoverable through restitution. See State v. Taylor, 2013-1729 (La. App. 1 Cir. 3/24/14), 143 So.3d 1215.

C. The State Bears the Burden of Proof

The State must present competent evidence to support the requested amount. Vague or unsupported claims are insufficient to support a restitution order. See State v. Lottinger, 184 So.3d 89.

[ADDITIONAL LEGAL ARGUMENT]

10. CONCLUSION

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

☐ Deny the State's request for restitution in the amount of $[________];
☐ Set restitution in the reduced amount of $[________];
☐ Order a periodic payment plan pursuant to Art. 875.1;
☐ Approve the Defendant's proposed payment plan;
☐ Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Defendant
[BAR ROLL NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Restitution Hearing Brief was served upon:

[PROSECUTOR NAME]
[OFFICE OF THE DISTRICT ATTORNEY]
[JUDICIAL DISTRICT]
[ADDRESS]
[CITY, STATE ZIP]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing / e-service

[________________________________]
Attorney for Defendant

LOUISIANA STATE NOTES

• Mandatory Restitution: Under Art. 883.2, restitution is mandatory whenever the court finds actual pecuniary loss to a victim.
• Ability to Pay (Art. 875.1): Enacted in 2020, Art. 875.1 requires courts to determine a defendant's ability to pay and prohibits incarceration solely for inability to pay financial obligations.
• Pecuniary Loss Only: Restitution is limited to actual pecuniary loss; non-economic damages are not recoverable.
• Plea Agreement Restitution: Under Art. 883.2(B), if the defendant agrees as part of a plea, the court may order restitution to victims of uncharged conduct.
• Probation Conditions: Under Art. 895 and 895.1, restitution may be ordered as a condition of probation with specific enforcement mechanisms.
• Intermediary Payment: Art. 883.2(C) requires all restitution payments to be made through the court's designated intermediary.