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Unfortunately, restitution does not always come when a defendant pleads guilty. There is normally a date given to the defendant by which all payments must be made. In some cases, a defendant found guilty may refuse to pay or is unable to comply with restitution. The State's Attorney will attempt enforcement procedures against the defendant. If the defendant is unable to fulfill the restitution other forms of sentencing may be considered and will be done at the discretion of the court.
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Under Section 8.1 of Article I in the Illinois Constitution, crime victims, shall have the following rights:
The Victim-Witness Coordinator assists in the financial reimbursement of victims who have suffered out-of-pocket expenses resulting from a criminal offense. Restitution will cover out-of-pocket expenses, losses, damages, and injuries suffered by the victims as a result of the defendant's actions.
Not all restitution is guaranteed. For instance if a defendant is found not guilty, you will have to pursue restitution through civil litigation.