RESTITUTUION LAW

For an overview of restitution guidelines see California Penal Code Section 1202.4 which outlines the restitution and economic losses that a victim can recover from a defendant convicted of a crime. Consult with an Attorney.

Furthermore, all persons who suffer loss as a result of criminal activity had a right to restitution from those convicted of the crime, California Constitution, Article I, Section 28B, and California Penal Code Section 1202.4(a)(1).

A victim that incurs a loss that is caused by the defendants' conduct is entitled to restitution. See People v. Carbajal, (1995) 10 C 4th 1114, 1122 (Hit and Run).

The statutory language limits recovery to a direct victim. People v. Torres, (1997) 59 CA 4th 1 and People v. Birkett (1999) 21 C 4th 226. No recovery to an insurance company, but case law is changing, so research it!

Further, a defendant may not be required to pay restitution to victims of claims that were not charged. See People v. Scroggins (1987) 1991 Cal App 4505.

In terms of the procedure the general rule is the victim must make a showing of loss, California Penal Code 1203.1 and it must not be speculative.

The court must then give the defendant a meaningful opportunity to contest the amount of the restitution claim. People v. Sandoval (1989) 206 Cal App 1544.

Further, there is no double collection of restitution. See California Penal Code 1202.4(J)