As the victim of a crime committed by a juvenile offender, you may have a right to restitution under Oregon law. The purpose of this pamphlet is to provide you with information about the adjudication process and your rights as a victim.
What happens to my case if I am a victim of an offense committed by a juvenile?
Under an agreement between the City of Tigard and the Washington County Juvenile Department, certain juvenile first offenders have been referred to the Tigard Municipal Court. If the juvenile offender is found to have committed a crime that causes economic loss to a victim, the judge may order repayment of all or part of the victim's losses.
Goals of the Tigard Municipal Court include providing protection to the community and rehabilitative services to offenders so there is a better chance they will stay out of trouble in the future. Young people are held accountable for their actions by paying restitution, doing community service, apologizing to their victims, and participating in counseling or treatment programs.
How can I be compensated for property damage if it resulted from the actions of a juvenile offender?
Restitution can be ordered as part of the overall sentence imposed on a juvenile offender. Before seeking court-ordered restitution, check with your insurance company to see if you have coverage for property damage. If your losses are not compensated by insurance, you may want to file a petition for restitution with the court.
What is the procedure for seeking restitution?
If you wish to pursue restitution in a Tigard Youth Court case, please contact the court at 503-718-2481 and request that a Petition for Restitution form be sent to you. The form requests documentation of your out-of-pocket losses.
If the juvenile wishes to contest a claim for restitution, the court is required to set a hearing. You will be notified in advance and given additional information about the hearings process.
How is the amount of restitution determined?
Two factors are considered: 1) the amount of the victim's loss; and, 2) the ability of the criminal offender to pay restitution.
What can I do if the juvenile is unable to pay restitution?
Last year, juveniles in Washington County paid $65,000 in restitution to their victims. However, when young people are incapable of paying restitution, their parents may be held responsible for damages. If the youth in your case cannot personally pay you back, the court can inform you of his/her name, birthdate, parents' names and address so you can contact them directly or initiate action against them in civil court.
How can I find out about a case I am involved in?
Call the court at 503-718-2478 for additional information. If you have any of the following information, it will help us locate your case: the offender's name, the case number, or the type of offense and the date it happened.
You will be given an update on your case and notification regarding any restitution hearing. The Youth Court process is not secret. It is open to the public, and the involvement and participation of victims is especially encouraged.
What if the juvenile offender's attorney or investigator wants to talk to me?
The juvenile's legal representative is permitted to talk with you with your consent. You have the right to decide whether to do so and may ask that the City Prosecutor be present during the conversation, if you prefer.
How can I request that my address not be given to the offender?
Contact the Tigard Municipal Court Manager at 503-718-2481.
What if I am harassed by the juvenile offender while my case is pending?
Call the police and report the harassment. Then call the Court Manager or court clerk at the above number. It would also be helpful to provide the court with a written statement including the date, time, location and nature of the harassment.