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

STATE OF MAINE
[________________________________] COUNTY
UNIFIED CRIMINAL DOCKET

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 states as follows:

1. STATEMENT OF THE CASE

On or about [DATE OF OFFENSE], the Defendant was charged with [OFFENSE(S)] in violation of [STATUTE(S)]. 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 17-A M.R.S. Chapter 69.

[ADDITIONAL PROCEDURAL HISTORY]

2. APPLICABLE RESTITUTION STATUTE

Under Maine law, restitution is governed by 17-A M.R.S. Chapter 69 (§§ 2001-2011), as recodified by PL 2019, c. 113. Key provisions include:

• § 2003 (Authorized Restitution): Restitution may be authorized as compensation for economic loss in whole or in part;
• § 2005 (Criteria for Restitution): In determining the amount, the court must consider:
• The contributory misconduct of the victim;
• Failure to report the crime within 72 hours without good cause;
• The present and future financial capacity of the offender to pay;
• Burden of Proof: A defendant who asserts inability to pay has the burden of proving incapacity by a preponderance of the evidence (§ 2005);
• § 2007 (Conditions): The court shall set the time and method of payment, which may include installments;
• If restitution is not imposed, the court shall state reasons on the record or in writing (§ 2005).

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. Contributory Misconduct of the Victim: Under § 2005, the court must consider any contributory misconduct of the victim. [DESCRIBE MISCONDUCT]

☐ B. Failure to Report Within 72 Hours: Under § 2005, the victim's failure to report the crime within 72 hours of its occurrence, without good cause, is a factor weighing against restitution.

☐ C. Defendant's Inability to Pay: The Defendant lacks the present and future financial capacity to pay the requested restitution. The Defendant bears this burden by a preponderance of the evidence under § 2005.

☐ D. Lack of Causal Connection: The claimed losses are not directly attributable to the offense of conviction.

☐ E. Non-Economic Losses Included: The State seeks restitution for non-economic losses, which are not authorized under § 2003.

☐ F. Insufficient Documentation: The State has not provided adequate documentation to support the claimed amount.

☐ G. Victim Was Accomplice: Under § 2003, restitution is not authorized to a victim who is an accomplice of the offender.

☐ H. Victim Does Not Consent: Under § 2003, restitution is not authorized to a victim without that victim's consent.

[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 Court Must Consider the Defendant's Financial Capacity

Under 17-A M.R.S. § 2005, the court is required to consider the "present and future financial capacity of the offender to pay restitution." Ordering restitution beyond the defendant's capacity to pay is an abuse of discretion. See State v. Obi, 2018 ME 43, 182 A.3d 131.

B. Restitution Is Limited to Economic Loss

Section 2003 authorizes restitution only as "compensation for economic loss." Non-economic damages such as pain and suffering, emotional distress, and loss of consortium are not proper subjects of restitution.

C. Contributory Misconduct Must Be Considered

The statute expressly requires the court to consider the victim's contributory misconduct in determining restitution. 17-A M.R.S. § 2005(1).

D. The Court Must State Reasons for Its Determination

Under § 2005, if the court does not order restitution, it must state its reasons on the record or in writing. Conversely, the court should articulate its reasoning for the amount ordered.

[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 partial restitution as authorized by § 2003;
☐ 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 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]
[PROSECUTORIAL DISTRICT]
[ADDRESS]
[CITY, STATE ZIP]

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

[________________________________]
Attorney for Defendant

MAINE STATE NOTES

• Economic Loss Only: Maine limits restitution to economic loss under § 2003. Non-economic damages are not recoverable.
• Contributory Misconduct: The court must consider the victim's contributory misconduct under § 2005.
• 72-Hour Reporting Factor: Failure of the victim to report the crime within 72 hours (without good cause) is a statutory factor under § 2005.
• Burden on Defendant: A defendant claiming inability to pay bears the burden of proof by a preponderance of the evidence.
• Victim Consent Required: Restitution cannot be ordered to a victim without that victim's consent under § 2003.
• No Accomplice Recovery: A victim who is an accomplice of the offender is not eligible for restitution.
• Recodification Note: Maine's restitution statutes were significantly recodified under PL 2019, c. 113. Verify current section numbers before filing.
• Statement of Reasons: If the court declines to order restitution, it must state reasons on the record.