PROSECUTING ATTORNEY

Contact Information

Location
Law Enforcement Center
230 N Main Street, Suite 125
Driggs, ID 83422

Other
208-776-8300 (phone)
208-776-8302 (fax)
[email protected]

Hours
Monday - Friday: 9 - 5, or by appointment

Official Facebook:
@TetonCountyProsecutingAttorney

Restitution & Crime Victim Compensation

The Office of the Prosecuting Attorney is committed to helping crime victims regain their financial loss associated with the crime committed against them. We make every effort to request and obtain restitution for victims as well as enforce defendants’ obligations to pay in a timely manner. We can also assist victims in applying for the Idaho Crime Victim Compensation program.

What is Restitution?

Restitution is reimbursement ordered in the defendant’s criminal case, and is to be paid by the defendant. It covers the value of something stolen, damaged or lost as a result of the defendant’s crime. It can include property, lost wages, medical bills and counseling costs, among other things. Because restitution comes from the defendant, there can sometimes be issues with the defendant’s ability to pay. If restitution is ordered, the defendant is typically placed on a payment plan to reimburse all parties entitled to restitution. As a defendant makes payments to the court, the payments are split, and a percentage goes to each victim entitled to restitution. The amount that defendants are required to pay at one time cannot impede their ability of afford necessities (such as food and housing), and therefore, it can take a long time for reimbursement to be completed.

What Restitution Does NOT Cover

Restitution covers a victim’s out-of-pocket financial losses. If insurance provides reimbursement for certain losses, a victim cannot obtain double recovery through restitution. Restitution also does not compensate a victim for “pain and suffering.” In order to pursue such recovery, a victim will need to hire an attorney and file a civil lawsuit against the perpetrator.

Who Decides What Restitution is Awarded?

The judge presiding over the defendant’s criminal case will review all requests for restitution and decide which requests to approve. The judge has the authority to modify restitution orders at his or her discretion.

Who can Request Restitution?

Restitution can be requested by any victim of a crime that suffers losses as a direct result of the crime. Individuals, businesses, insurance companies and other entities are all eligible to request restitution.

How Do I Seek Restitution?

In order to seek restitution, you will need to fill out a Restitution Request Form and provide our office with all available documentation of your losses. This can include copies of bills, receipts, statements and/or employer letters regarding lost wages. Please submit Restitution Request Forms and supporting documentation by email to our Victim Witness Coordinator, Stephanie Egbert, at [email protected]. If you have any questions regarding what documentation is needed, please call our office at (208) 354-2990.

What is Idaho Crime Victim Compensation?

Crime Victim Compensation (“CVC”) is an Idaho state reimbursement program that provides life-long benefits (up to $25,000) to eligible crime victims. The program is funded through a federal grant and fines imposed on perpetrators of crimes. Victims can qualify for this program even if there is no criminal prosecution of the perpetrator of the crime. CVC can reimburse you for items already paid, such as medical bills, counseling costs and lost wages associated with a crime. It can also pay outstanding balances to medical providers on your behalf. But billing must first go through any applicable insurance.

How do I Apply for Crime Victim Compensation?

There is an application process to determine eligibility for the program. To apply, you will need to complete a Crime Victims Compensation Application and mail the completed form to the address indicated on the form. If you would prefer a paper copy of the form, you can pick one up at our office at 230 N. Main Street in Driggs, Idaho.

I am a victim, can I speak with Prosecuting Attorney Smith?

Yes. Ms. Smith is committed to personally supporting and assisting victims of crime in Teton Valley. Twice a month, Ms. Smith holds office hours for meetings with victims. The days and times fluctuate depending on requested availability. If you are a victim and would like to meet with Ms. Smith, you can email her directly at [email protected] to set up an appointment.

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