Can prosecutors file motions when restitution payments have not been made? What is considered timely?
Prosecutors should provide victims with the tools to seek restitution, such as guidance forms and an explanation of supporting documentation that will be required to support a restitution order from the court. Prosecutors may be asked to file motions on behalf of victims to protect their right to restitution. Prosecutors may consider filing for probation revocation or contempt when defendants fail to pay restitution. Implementing legislation may provide victims with civil avenues for enforcement of restitution orders as well, such as garnishment and foreclosure, though the prosecutor would not be required to assist with those. The timeliness of the payment will be based upon many factors, including the offender’s ability to pay.
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