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

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY SUPERIOR COURT

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 RSA 651:63.

[ADDITIONAL PROCEDURAL HISTORY]

2. APPLICABLE RESTITUTION STATUTE

Under New Hampshire law, restitution is governed by RSA 651:63 through 651:67. Key provisions include:

• RSA 651:63 (Restitution Authorized): Any offender may be sentenced to make restitution in an amount determined by the court;
• If restitution is not ordered, the court shall state its reasons on the record or in its sentencing order;
• Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation;
• Restitution is not intended to compensate the victim more than once for the same injury;
• A restitution order is not a civil judgment;
• Restitution is in addition to any other penalty or fine and may be a condition of probation or parole;
• RSA 651:64 (Time and Method): The court determines the time and method of payment;
• RSA 651:67 (Failure to Make Restitution): Failure to make restitution may result in modification or revocation of probation or parole.

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. See State v. Burr, 147 N.H. 157 (2001).

☐ B. Double Compensation: Under RSA 651:63, restitution is not intended to compensate the victim more than once for the same injury. The victim has already been compensated through [insurance / civil judgment / other sources].

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

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

☐ E. Pre-existing Conditions: A portion of the claimed expenses relate to pre-existing conditions.

☐ F. Non-Authorized Losses: The claimed losses include categories not properly recoverable through restitution (e.g., speculative future losses, pain and suffering).

[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. Restitution Must Be Based on Actual Losses

While the court has broad discretion under RSA 651:63 to set the restitution amount, it must be based on the actual losses sustained by the victim as a result of the offense. See State v. Burr, 147 N.H. 157 (2001).

B. No Double Recovery

RSA 651:63 expressly provides that restitution is "not intended to compensate the victim more than once for the same injury." If the victim has received insurance payments or civil settlement proceeds, the restitution amount should be reduced accordingly.

C. A Restitution Order Is Not a Civil Judgment

RSA 651:63 makes clear that a restitution order is not a civil judgment. The standards for restitution differ from civil damages, and the court should apply the criminal restitution framework rather than civil tort principles.

D. The Court Should Structure a Reasonable Payment Plan

Under RSA 651:64, the court determines the time and method of payment. A reasonable payment plan, informed by the defendant's financial circumstances, serves the interests of both the victim and the defendant.

[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
[NH 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]
[COUNTY ATTORNEY'S OFFICE / ATTORNEY GENERAL'S OFFICE]
[________________________________] COUNTY
[ADDRESS]
[CITY, STATE ZIP]

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

[________________________________]
Attorney for Defendant

NEW HAMPSHIRE STATE NOTES

• Broad Authority: RSA 651:63 gives the court broad authority to order restitution in any amount it determines.
• Reasons Required for Non-Order: If restitution is not ordered, the court must state reasons on the record or in its sentencing order.
• Ability to Pay Not a Bar: Restitution may be ordered regardless of the offender's ability to pay (RSA 651:63).
• No Double Recovery: Restitution is not intended to compensate the victim more than once for the same injury.
• Not a Civil Judgment: A restitution order is expressly not a civil judgment under RSA 651:63.
• Additional Penalty: Restitution is in addition to any other penalty or fine.
• Probation/Parole Condition: Restitution may be a condition of probation or parole.
• Failure Consequences: Under RSA 651:67, failure to make restitution may result in modification or revocation of probation or parole.
• Civil Actions Preserved: Under RSA 651:65, the right to pursue civil remedies is preserved.