Can a defendant be ordered to pay restitution to a victim as a condition of probation?

California, United States of America


The following excerpt is from People v. Jetton, C052463 (Cal. App. 5/11/2007), C052463 (Cal. App. 2007):

"California courts have long interpreted the trial courts' discretion to encompass the ordering of restitution as a condition of probation even when the loss was not necessarily caused by the criminal conduct underlying the conviction. Under certain circumstances, restitution has been found proper where the loss was caused by related conduct not resulting in a conviction [citation], by conduct underlying dismissed and uncharged counts [citation], and by conduct resulting in an acquittal [citation]." (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.) However, when the court imposes a prison sentence following trial, it does not have the same discretion to require the defendant to pay for losses caused by conduct for which he or she was not convicted. Penal Code section 1202.4 limits victim restitution to losses caused by the criminal conduct for which the defendant was convicted. (People v. Lai (2006) 138 Cal.App.4th 1227, 1247-1249.)

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