Criminal Law

questions & answers

Question: How long does court keep restitution open for. I kicked an officer defending myself.No video for proof.I plead to misdemenour,officer had no injury.Restitution left open by court. How long?

Answer: For assistance with your specific situation, please consult with a licensed attorney.  

A publication by the Maricopa County Superior Court explains the rules that apply to restitution.  

If a defendant is sentenced to the Department of Corrections, the County Attorney may request a restitution hearing.  If restitution is not ordered and there is no other court stipulation to keep the restitution open, the County Attorney can lose jurisdiction.

Under Rule 24.3, Modification of Sentence, the County Attorney has 60 days to file an illegal lenient sentence to include restitution. If the County Attorney fails to do this, the victim may not ask for restitution at a later date.

If the defendant is released from probation or parole, jurisdiction no longer exists for the court to order restitution.

For more information, visit: http://www.superiorcourt.maricopa.gov/AdultProbation/VictimServices/restitution.asp

For the law that outlines the general process of restitution, visit: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/00804.htm&Title=13&DocType=ARS

For the full set of laws relating to restitution, visit (see Title 8): http://www.azleg.gov/arizonarevisedstatutes.asp?Title=13