Virginia law § 19.2-305.2 outlines the procedures for restitution in criminal cases, including how courts determine restitution amounts, enforce restitution orders, and handle docketing and payments. It also details the process for victims to have restitution docketed in their name and the enforcement of these judgments. The law ensures victims can seek compensation either through property return or monetary payment, with provisions for enforcement and assignment of judgments.
Virginia law requires courts to order restitution for victims of property damage or loss, either by returning the property or paying its value if return is impractical.
Yes, victims can request in writing to have restitution docketed in their name, and then enforce it as a civil judgment.
Restitution payments are recorded and disbursed by the clerk according to court orders, and unpaid restitution can be assigned to the victim before judgment is satisfied.
If return of property is impractical, the defendant may pay an amount equal to the property's value at the time of the offense or sentencing.