Restitution Hearing Brief

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 [________________________________] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [________________________________]

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 by way 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 scheduled a restitution hearing for [DATE] to determine the appropriate amount of restitution pursuant to NRS § 176.033.

[ADDITIONAL PROCEDURAL HISTORY]

2. APPLICABLE RESTITUTION STATUTE

Under Nevada law, restitution is governed primarily by NRS § 176.033 and NRS § 176.0335. Key provisions include:

• NRS § 176.033(1)(c): If restitution is appropriate, the court shall set an amount of restitution for each victim of the offense;
• NRS § 176.0335: Provides the procedure for determining the amount of restitution, including the right to a hearing;
• The court shall consider the amount of loss sustained by each victim as a result of the offense;
• NRS § 176A.430: When granting probation, the court may require as a condition that the defendant make full or partial restitution;
• NRS § 213.126: Restitution may be ordered as a condition of parole. All restitution money received by the Division of Parole and Probation shall be deposited in the Restitution Trust Fund;
• Payments are made through the Division not less than one time every fiscal year.

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 a result of the offense of conviction. Nevada requires that restitution be causally linked to the criminal conduct. See Martinez v. State, 115 Nev. 9, 974 P.2d 133 (1999).

☐ B. Insufficient Evidence: The State has not provided competent evidence to support the claimed restitution amount.

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

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

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

☐ F. Non-Authorized Losses: The State seeks restitution for losses not authorized under NRS § 176.033.

☐ G. Defendant's Ability to Pay: The Defendant lacks the financial resources to pay the requested amount, and the court should consider this in setting the amount and payment terms.

[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 Determine Actual Loss

Under NRS § 176.033(1)(c), the court shall set restitution based on the "amount of loss sustained by each victim as a result of the offense." The State bears the burden of proving the amount of loss. See Botts v. State, 109 Nev. 567, 854 P.2d 856 (1993).

B. Restitution Must Be Causally Connected to the Offense

Nevada courts have held that restitution must be for losses resulting from the offense of conviction. Losses from uncharged or dismissed conduct are not proper subjects of restitution. See Martinez v. State, 115 Nev. 9, 974 P.2d 133 (1999).

C. The Defendant Is Entitled to a Hearing

Under NRS § 176.0335, the defendant is entitled to a hearing on the issue of restitution and may challenge the amount with evidence.

D. The Court Should Consider Ability to Pay in Structuring Payment

While the court must set the total restitution amount, it has discretion in structuring the manner and timing of payment. A reasonable payment plan 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
[NV 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]
[________________________________] COUNTY
[ADDRESS]
[CITY, STATE ZIP]

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

[________________________________]
Attorney for Defendant

NEVADA STATE NOTES

• Mandatory Restitution Setting: Under NRS § 176.033(1)(c), if restitution is appropriate, the court shall set a specific amount for each victim.
• Hearing Right: Under NRS § 176.0335, the defendant is entitled to a hearing on the restitution amount.
• Restitution Trust Fund: Under NRS § 213.126, restitution collected by the Division of Parole and Probation is deposited in the Restitution Trust Fund and distributed at least once per fiscal year.
• Parole Condition: Under NRS § 213.126, the Board may require wage assignment as a condition of parole for restitution payment.
• Probation Condition: Under NRS § 176A.430, the court may order full or partial restitution as a condition of probation.
• Administrative Assessment: Restitution is separate from the administrative assessment under NRS § 176.0613.
• Electronic Filing: Nevada uses Odyssey/eFileNV for electronic court filing in most jurisdictions.