Criminal Restitution in West Virginia in WV… | CGMIMM
Criminal Defense · WV
Criminal Restitution in West Virginia
West Virginia criminal restitution requires defendants to repay victims for losses caused by the crime — mandatory in many cases, enforceable as civil judgment, often non-dischargeable in bankruptcy.
Published May 9, 2026
## Criminal restitution in West Virginia
**Restitution** is court-ordered payment from criminal defendants to victims to compensate for losses caused by the crime. West Virginia restitution orders are mandatory for many crimes, enforceable as civil judgments, and often follow defendants for life.
## What restitution covers
**Crime-related losses:**
**Direct losses:**
- Stolen property value
- Property damage
- Specific to crime
- Direct economic losses
**Medical expenses:**
- Past + future medical
- Specific to injury
- Specific procedures
- Specific to circumstances
**Mental health treatment:**
- Counseling expenses
- Specific to trauma
- Specific procedures
- Specific to circumstances
**Lost wages:**
- Time off work
- Specific to recovery
- Specific to circumstances
- Specific procedures
**Specific to crime:**
**Property crimes:**
- Replacement value
- Repair costs
- Specific to property
**Violent crimes:**
- Medical + mental health
- Lost wages
- Specific to circumstances
**Sex crimes:**
- Mental health treatment
- Specific to victim
- Specific to long-term care
**Identity theft:**
- Recovery costs
- Specific procedures
- Specific damages
**White collar:**
- Specific losses
- Specific procedures
- Specific to circumstances
**Funeral expenses (homicide):**
- Specific to circumstances
- Specific procedures
- Specific damages
## What restitution does NOT cover
**Generally excluded:**
- **Pain & suffering** (not in criminal restitution)
- **Punitive damages**
- **Loss of consortium**
- **Insurance gain (when victim insured)** — typically
- **Speculative future losses**
- **Specific to circumstances**
**Available through civil suit:**
- Pain & suffering
- Specific civil damages
- Specific to circumstances
- Separate process
## Mandatory vs discretionary
**Federal law:**
**Mandatory Victims Restitution Act (MVRA, 1996):**
- 18 USC § 3663A
- Mandatory for certain crimes
- Specific procedures
- Specific to violations
**Mandatory federal crimes:**
- Violent crimes
- Property crimes
- Specific Title 18 offenses
- Specific procedures
**State laws:**
- Generally mandatory or strongly preferred
- ${s.name}-specific
- Specific to crime
- Specific procedures
**Discretionary cases:**
- Limited
- Specific to circumstances
- Specific to ${s.name}
- Specific procedures
## Ability to pay
**Generally NOT a factor in determining restitution:**
- Court determines amount based on victim losses
- Defendant's ability to pay considered for SCHEDULE only
- Must pay full amount eventually
- Specific to ${s.name}
- Limited to schedule (not amount)
**Payment schedule:**
- Specific to ability
- Specific procedures
- Specific to circumstances
- Periodic review
## Process
**1. Sentencing:**
- Restitution amount set
- Specific procedures
- Pre-sentence report
- Specific evidence
- Specific to victim
**2. Pre-sentence report:**
- Probation officer prepares
- Specific to losses
- Specific procedures
- Victim impact statement
**3. Restitution hearing (if disputed):**
- Specific procedures
- Specific evidence
- Specific to circumstances
- Specific to amount
**4. Order entered:**
- Specific amount
- Specific procedures
- Specific to victim
- Specific to schedule
**5. Enforcement:**
- During incarceration
- During probation / supervised release
- After release
- Continuing obligation
## Calculation
**Specific to losses:**
**Documentation required:**
- Receipts
- Bills
- Specific to losses
- Specific evidence
- Specific procedures
**Disputed amounts:**
- Court determines
- Specific procedures
- Specific evidence
- Specific to ${s.name}
**Specific to victim:**
- Direct victims
- Indirect victims (in some cases)
- Specific procedures
- Specific to circumstances
## Enforcement mechanisms
**During incarceration:**
- Inmate Financial Responsibility Program (FRP, federal)
- Specific to state programs
- Specific procedures
- Limited amounts typically
**During supervision:**
- Probation / supervised release condition
- Specific procedures
- Specific to schedule
- Violation consequences
**After release:**
- Civil judgment
- Specific procedures
- Specific to enforcement
- Continuing obligation
**Civil enforcement:**
- Wage garnishment
- Bank account levy
- Property liens
- Specific procedures
- Specific to circumstances
**Tax refund interception:**
- Sometimes available
- Specific to type
- Specific procedures
- Specific to circumstances
## Bankruptcy + restitution
**Generally NOT dischargeable:**
- Federal restitution: non-dischargeable
- State restitution: usually non-dischargeable
- Specific exceptions
- Specific procedures
- Continuing obligation
**Specific to type:**
- Federal criminal: non-dischargeable
- State criminal: usually non-dischargeable
- Specific to circumstances
- Specific to bankruptcy chapter
## Statute of limitations
**For collection:**
- Federal: long
- State: varies
- Specific to ${s.name}
- Specific procedures
**Continuing obligation:**
- Often lifelong
- Specific to circumstances
- Specific to ${s.name}
- Specific procedures
## Defendant's perspective
**Strategic considerations:**
**During sentencing:**
- Challenge specific losses
- Specific to circumstances
- Specific procedures
- Specific evidence
**During payment:**
- Cooperate with payment plan
- Specific to circumstances
- Specific procedures
- Avoid violation
**Specific consequences:**
- Probation revocation
- Specific to non-payment
- Specific procedures
- Strategic considerations
**Modification:**
- Income changes
- Specific procedures
- Specific to circumstances
- Limited usually
## Victim's perspective
**Maximizing recovery:**
**Documentation:**
- Save all bills + receipts
- Specific to losses
- Specific procedures
- Specific evidence
**Victim impact statement:**
- Detailed description of losses
- Specific procedures
- Specific to circumstances
- Specific to court
**Working with prosecutor:**
- Specific to case
- Specific procedures
- Specific to circumstances
- Specific to outcomes
**Civil suit alternative:**
- For full damages
- Specific to circumstances
- Specific procedures
- Specific to outcomes
- Pain & suffering available
## Federal vs state restitution
**Federal:**
- MVRA mandatory for many
- Specific procedures
- Specific enforcement
- Lifetime obligation
- Strong enforcement
**State:**
- ${s.name}-specific
- Specific procedures
- Specific enforcement
- Specific to circumstances
- Variable enforcement
## Specific issues
**Property crimes:**
- Replacement vs depreciated value
- Specific procedures
- Specific evidence
- Specific to circumstances
**Insurance subrogation:**
- Insurance company recovery
- Specific procedures
- Specific to ${s.name}
- Specific to circumstances
**Multiple victims:**
- Allocation among victims
- Specific procedures
- Specific to circumstances
- Specific to amounts
**Co-defendants:**
- Joint + several often
- Specific procedures
- Specific to allocation
- Specific to circumstances
**Fraud cases:**
- Often substantial
- Specific procedures
- Specific to victims
- Specific to schemes
## Civil suit vs restitution
**Different remedies:**
**Restitution (criminal):**
- Direct losses only
- Specific procedures
- Specific enforcement
- Specific to circumstances
**Civil suit:**
- Pain & suffering
- Specific damages
- Specific procedures
- Specific to circumstances
- Different burden
- Different procedures
**Strategic:**
- Both available typically
- Specific to circumstances
- Specific to recovery
- Specific procedures
## Common mistakes
**Defendants:**
- Failing to challenge amounts
- Specific to evidence
- Specific procedures
- Specific to circumstances
- Failing to pay during supervision
- Specific consequences
- Strategic mistakes
**Victims:**
- Inadequate documentation
- Specific to losses
- Specific procedures
- Specific to circumstances
- Failing to follow up enforcement
- Specific procedures
- Strategic mistakes
## What you should do
If you face restitution order in West Virginia: comply with payment schedule, document any income changes for modification. If victim seeking restitution: provide thorough documentation, work with prosecutor + victim advocate, consider civil suit for additional damages. Most West Virginia criminal defense + civil litigation attorneys handle these matters.
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*This guide is general information about federal + West Virginia law as of mid-2026 and is not legal advice. Restitution is technical + ongoing. Talk to a licensed West Virginia attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.