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Attorney - Criminal

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1. I gave all of the information about my damages to the police, why do I have to do it again?

Often when the police take a report, it is immediately after the offense. It is difficult to estimate the value of the damage without having it evaluated by another party(i.e. insurance adjuster). For that reason, the information gathered by the police is used as an estimate of the value. In order to ensure that the request is fair and complete, we must ask this information be provided directly by the victim.

2. The Judge ordered restitution, but when will I be paid?

The Courts frequently order restitution as a condition of probation or parole. What this means is that the Defendant has the term of their probation period in which to pay the restitution and any other money owed. Typically, their probation officer will place them on a monthly payment schedule based on the Defendant's salary, outstanding debts, living situation, etc. The payments will be made to the Clerk of the District Court and then dispersed to the appropriate parties. At times, Defendants are unable to pay despite our best legal and tactical efforts.

3. What happens if the Defendant fails to pay restitution?

If the Defendant fails to pay restitution, or violates other conditions of his probation, this office may file a Motion to Revoke Probation and have the case brought back before the Court. At this time, the Judge will hear the violations and decide what, if any, action is appropriate.

4. What do I do if I drop the charges against another person?

Generally, a victim does not file charges nor drop charges against another person. That is the responsibility of the Riley County Attorney's Office. However, if you are the victim of a crime, you may meet with the prosecutor assigned to the case to discuss your wishes by calling and setting up an appointment. When you call, be sure to identify yourself, and give the name of the person who has been charged.