A victim may be reimbursed for damages or losses suffered as a result of a crime the defendant committed. Restitution is an order of the court which instructs the defendant to compensate the victim. If a defendant is sentenced to prison, the Department of Corrections may require payment of restitution as a condition of post release supervision. To assist the court in determining the amount of restitution, keep any receipts, bills, or estimates regarding the loss. Promptly complete and return the restitution statement to the County Attorney’s Office. If a defendant is ordered to pay restitution, the payments will be sent to the Clerk of the District Court. The Clerk of the District Court will then distribute the funds as they receive them. Nonpayment of restitution alone is not a reason to revoke a defendant’s probation if the defendant is found unable to pay. The defendant must make a good faith effort to pay. A victim can obtain a civil judgment against a defendant pursuant to K.S.A. 60-4301, by obtaining a certified copy of the Journal Entry of Sentencing and the Order to Pay Restitution and filing them with the Clerk of the District Court.
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You may not think that what you know about the case is very important; however, small pieces of information are often required to determine what really happened.
When subpoenaed, you must appear or risk being held in contempt of court and/or fined. Inform you employer that you have been called to testify and you will have to appear. Your employer should not discharge, punish or threaten you for attending a criminal proceeding when you have been subpoenaed. If you are experiencing difficulties with your employer regarding a court appearance, please contact the Victim/Witness Coordinator immediately.
If you change your address or telephone number, immediately notify the Victim/Witness Coordinator of the Finney County Attorney’s Office at (620) 272-3568. They may need to contact you if there is a change in the date or time you are to appear.
In a felony case, sentencing will occur following the preparation of a pre-sentence investigation report (PSI). A PSI report is prepared by a court services officer who obtains the victim’s statements and gathers information on the defendant’s criminal history. The victim’s statement is your opportunity to tell the judge the injuries you suffered and the crime’s effect on your life and finances. The victim’s statement must be considered by the court when the defendant is sentenced. As a victim, you have the right to be present at sentencing and address the court if the judge allows.
The judge also has the authority to place the defendant on probation. Probation may include supervision by Community Corrections or Court Services. This procedure permits the court to try to fit the particular punishment to the crime and to the defendant.
There are times where an item of evidence can be photographed and released to the owner, however, that is up to the law enforcement agency.