Does a defendant have a right to attend a restitution hearing?

California, United States of America


The following excerpt is from People v. Hernandez, D068266 (Cal. App. 2017):

"A defendant has a right to be present at critical stages of a criminal prosecution, a right protected by both the federal constitution and the state constitution." (People v. Wilen (2008) 165 Cal.App.4th 270, 286.) Sentencing and pronouncement of judgment is a critical stage of a criminal prosecution (id. a p. 287), and a restitution hearing is part of the sentencing process. (See People v. Dehle (2008) 166 Cal.App.4th 1380, 1386 (Dehle) ["Restitution hearings held pursuant to section 1202.4 are sentencing hearings and are thus hearings which are a significant part of a criminal prosecution"].)

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