Regardless of how restitution is imposed as mandatory or discretionary, the procedures to be followed are the same. As soon as an accused pleads guilty or is convicted in court, the information available on the loss of each identified victim, normally obtained by the case officer during the investigation, is made available to the U.S. Probation Authority by the U.S. Assistant Attorney, who is following the case. This information on victim losses is included in the pre-sentence report prepared by the U.S. Probation Officer. In the period between conviction or plea and sentencing, testimony from victims is requested by the identified victims of the convicted offences. A letter requesting the testimony of identified victims and their impact on victims is sent by both the U.S. Parole Board and the Attorney General`s Office. By submitting a written statement on the impact of victims, victims have the opportunity to provide the court with information on financial losses and information on emotional effects. The findings of the report prior to sentencing are used by the judge to determine the reasonable rate and the appropriate amount of reimbursement. In a VAWA case, the Court orders reimbursement in order to reimburse the victim for all the losses suffered. These losses may include medical or psychological expenses, physiotherapy, transportation for court representations, temporary accommodation, child care expenses, lost income, legal fees, costs of obtaining a civil protection order and other losses suffered by the victim as a direct result of the offence.
In one case of the Gun Control Act, the court may order restitution. It is wise to list all expenses caused by the crime of domestic violence. (d) A judge, state lawyer, peacekeeper or law enforcement authority are not responsible for a failure or inability to enforce a law covered by this section or section 56.021. The omission or inability of a person to provide a right or service listed in this article or section 56.021 should not be invoked by an accused in criminal proceedings as a means of recourse, ground to quash the conviction or sentence, or as a motive in a habeas corpus petition. A victim, guardian of a victim or close relative of a deceased victim is not entitled to participate as a party in criminal proceedings or to challenge the ordering of a charge. If you are a victim or witness in a case being reviewed or prosecuted by the Vermont District Attorney`s Office and need assistance, contact the Victim-Witness Specialist at 802-951-6725 or toll-free 1-866-824-0398. The court cannot, but is not, required to order reimbursement of any offence under Title 18 of the U.S. Code that does not fall under mandatory restitution rules, certain drug-related offences as long as the victim is not a participant, offences of air piracy and, in any criminal proceedings, to the extent agreed by the parties in a plea.