Are you facing an order to pay restitution, or compensation, to your victims? Are you already under that order and facing hardship? Not paying that order may get your probation revoked, you may get slapped with a suspended jail sentence, or they might haul you off to prison. Let’s look deeper at the Compensation for Certain Victims of Criminal Acts in Nevada.
The compensation amounts, according to NRS 217.150, will fluctuate between victim, depending on the facts underlying each claim. One victim might have only emergency room bills to pay, while another might have an emergency room bill, a bill for surgery, a totaled minivan, and lost wages. And yet another victim might need to be compensated for the funeral expenses of her husband.
Expenses are not the only thing considered, however. The Board instituted a set formula that uses an established, uniform standard to determine how much restitution each offender must pay.
In determining whether to grant the order for compensation, the compensation officer will consider (except in cases of domestic violence, sex trafficking, or sexual assault):
The compensation officer also considers prior social history, previous cases, the victim’s needs and those of his or her dependents, and other matters he deems relevant. The victim must inform her compensation officer if she receives or expects to receive any money from the following relating to the crime:
The amount expected or received will be deducted from the amount of the expenses that she submitted for compensation. If the victim receives any unexpected funds after the offender has paid compensation, the entity sending the money must send it to the Board first. If there’s money left over after the amount of compensation has been refunded, the remainder will be sent to the victim.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Besides receiving a “Governor’s certificate for meritorious citizen’s service to a victim,” the victim can also be compensated for:
If another person pays for the victim’s funeral, the compensation officer may order those expenses paid as part of the compensation as well.
A crime victim has one year after the crime to submit their application. However, there are some exceptions to this limitations period:
There are things about Nevada’s “Compensation for Certain Victims of Crime” laws that you may not know – things a good criminal defense attorney does. There are suspensions we can fight for, limitations on how long your victim has to pay that we can make sure are followed, victims that can’t collect, and victims that won’t be paid due to certain categories they fall into.
Although a victim can begin receiving compensation before the offender has been prosecuted or convicted, the proceedings can be suspended once the offender’s prosecution becomes imminent or begins. This applies regardless of what stage the application or order for compensation is in, up to and including if the victim is already receiving restitution. Contact LV Criminal Defense to schedule a free, confidential consultation.