Restitution Hearing Brief

notes and remove them before filing.
3. Verify all statutory citations are current as of the filing date.
4. Attach all supporting exhibits referenced in the brief.
5. File in accordance with Maryland Rules and local court procedures.
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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

IN THE CIRCUIT COURT FOR [________________________________] COUNTY
STATE OF MARYLAND

DEFENDANT'S BRIEF REGARDING RESTITUTION

COMES NOW the Defendant, [DEFENDANT NAME], by and through counsel, [ATTORNEY NAME], and respectfully submits this Brief regarding the restitution hearing scheduled for [DATE], and in support thereof states as follows:

1. STATEMENT OF THE CASE

On or about [DATE OF OFFENSE], the Defendant was charged 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 scheduled a restitution hearing for [DATE] to determine the appropriate amount of restitution pursuant to Md. Code, Crim. Proc. § 11-603.

[ADDITIONAL PROCEDURAL HISTORY]

2. APPLICABLE RESTITUTION STATUTE

Under Maryland law, restitution is governed by Md. Code, Criminal Procedure §§ 11-601 through 11-619. Key provisions include:

• § 11-603 (Restitution Determination): The court may enter a judgment of restitution ordering the defendant to make restitution for:
• Stolen, damaged, destroyed, converted, or unlawfully obtained property;
• Actual medical, dental, hospital, counseling, funeral, or burial expenses;
• Direct out-of-pocket loss;
• Loss of earnings;
• Expenses incurred with rehabilitation;
• Presumption of Restitution: A victim is presumed to have a right to restitution if the victim or the State requests it and the court is presented with competent evidence (§ 11-603);
• § 11-615 (Legally Sufficient Evidence): A written statement or bill for medical, dental, hospital, counseling, funeral, or burial expenses is legally sufficient evidence of the amount, fairness, reasonableness, and necessity;
• § 11-607 (Compliance): The court may modify the restitution order based on changed circumstances.

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. Lack of Causal Connection: The claimed losses are not directly attributable to the offense of conviction. Maryland courts require that restitution be tied to the criminal conduct. See Chaney v. State, 397 Md. 460 (2007).

☐ B. Insufficient Evidence: The State has not presented competent evidence to support the claimed amount and cannot rely on the presumption under § 11-603.

☐ C. Pre-existing Conditions: A portion of the claimed medical or other expenses relate to pre-existing conditions not caused by the offense.

☐ D. Insurance or Third-Party Recovery: The victim has been compensated through insurance or other third-party sources.

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

☐ F. Unauthorized Category of Loss: The claimed restitution includes categories not authorized under § 11-603 (e.g., pain and suffering, emotional distress).

[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:

9. LEGAL AUTHORITY AND ARGUMENT

A. The Presumption of Restitution Can Be Rebutted

While § 11-603 creates a presumption that the victim has a right to restitution when requested with competent evidence, this presumption may be rebutted by demonstrating that the claimed losses are not authorized, not causally connected, or not supported by evidence. See Chaney v. State, 397 Md. 460 (2007).

B. Restitution Must Be Limited to Authorized Categories

Section 11-603 enumerates specific categories of compensable loss. The court may not order restitution for losses outside these statutory categories. See Gerimon v. State, 452 Md. 484 (2017).

C. Written Statements Are Rebuttable

While § 11-615 provides that written statements are legally sufficient evidence, the defense retains the right to cross-examine witnesses and challenge the reasonableness and necessity of claimed expenses.

D. The Court Has Discretion

Maryland law grants the court discretion in determining the amount and manner of restitution. The court should consider the totality of the circumstances. See McDaniel v. State, 205 Md. App. 551 (2012).

[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 $[________];
☐ 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
[CLIENT PROTECTION FUND 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 STATE'S ATTORNEY]
[________________________________] COUNTY
[ADDRESS]
[CITY, STATE ZIP]

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

[________________________________]
Attorney for Defendant

MARYLAND STATE NOTES

• Presumption of Restitution: Maryland law creates a presumption that the victim has a right to restitution when the victim or State requests it with competent evidence (§ 11-603).
• Legally Sufficient Evidence: Under § 11-615, written bills and statements for medical, dental, hospital, counseling, funeral, or burial expenses are legally sufficient evidence of amount, fairness, and necessity.
• Authorized Categories: Restitution is limited to enumerated categories: property loss, medical/dental/hospital/counseling expenses, direct out-of-pocket loss, lost earnings, rehabilitation expenses, and funeral/burial expenses.
• Juvenile Restitution Cap: If the defendant is a child, restitution against a parent is capped at $10,000 per incident (§ 11-604).
• Modification: Under § 11-607, the court may modify restitution orders based on changed circumstances.
• MDEC Filing: Maryland uses the Maryland Electronic Courts (MDEC) filing system in most jurisdictions.