What is a defendant's right to challenge the determination of the amount of restitution?
California, United States of America
The following excerpt is from People v. Duarte, F078121 (Cal. App. 2020):
"The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution." ( 1202.4, subd. (f)(1); People v. Chappelone (2010) 183 Cal.App.4th 1159, 1172.) "At a victim restitution hearing, a prima facie case for restitution is made by the People based in part on a victim's testimony on, or other claim or statement of, the amount of his or her economic loss.
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for denying a defendant's right to challenge the determination of a restitution hearing? (California, United States of America)
What are the rights of a criminal defendant at a hearing to determine the amount of restitution ordered by the Court? (California, United States of America)
What is the scope of a defendant's due process rights at a hearing to determine the amount of restitution? (California, United States of America)
What is the test for determining the amount of restitution a defendant must receive at a restitution hearing? (California, United States of America)
What is the test for a defendant to challenge the determination of the amount of damages awarded to a victim at a victim restitution hearing? (California, United States of America)
What is the scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution? (California, United States of America)
What is the scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution? (California, United States of America)
What is the test for a defendant to argue that a restitution order made by a trial court to determine the amount of restitution is fundamentally unfair? (California, United States of America)
Does a defendant have to come forward with contrary information to challenge the recommended amount of restitution in a sexual assault case? (California, United States of America)
What is the test for determining whether a defendant is liable for the difference between the amount purchased by a purchaser and the amount paid by the purchaser? (California, United States of America)
