Can a trial court order restitution as a condition of probation for an adult defendant convicted of a hit-and-run?

California, United States of America


The following excerpt is from People v. Ricardo P. (In re Ricardo P.), 251 Cal.Rptr.3d 104, 446 P.3d 747, 7 Cal.5th 1113 (Cal. 2019):

In People v. Carbajal (1995) 10 Cal.4th 1114, 43 Cal.Rptr.2d 681, 899 P.2d 67, we again considered whether a trial court may order restitution as a condition of probation, this time in the context of an adult defendant convicted of a " hit-and-run. " ( Id. at p. 1118, 43 Cal.Rptr.2d 681, 899 P.2d 67.) We held that the restitution condition was "related to the crime of leaving the scene of the accident" and "also related to the goal of deterring future criminality." ( Id. at p. 1124, 43 Cal.Rptr.2d 681, 899 P.2d 67.) On the second point, we explained that the condition "force[s] the defendant to accept the responsibility he attempted to evade by leaving the scene of the accident without identifying himself," thus "act[ing] both as a deterrent to future attempts to evade his legal and financial duties as a motorist and as a rehabilitative measure tailored to correct the behavior leading to his conviction." ( Ibid. ) In upholding the condition, we noted that restitution could "serve a salutary rehabilitative purpose by directing the defendant to accept the social responsibility he attempted to evade when he fled the scene." ( Id. at p. 1125, 43 Cal.Rptr.2d 681, 899 P.2d 67.)

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