Does a defendant have to pay restitution to the victims of a motor vehicle accident as a condition of probation?

California, United States of America


The following excerpt is from People v. Carbajal, 10 Cal.4th 1114, 43 Cal.Rptr.2d 681, 899 P.2d 67 (Cal. 1995):

3 In People v. Escobar, supra, 235 Cal.App.3d 1504, 1 Cal.Rptr.2d 579, the defendant was convicted of leaving the scene of an accident causing injury ( 20001). The court struck an order requiring defendant to pay restitution to the victims as a condition of probation on the ground that the damage "resulted neither from his crime nor from an act performed with the same state of mind as he had in committing the crime," and therefore could serve no rehabilitative purpose. (People v. Escobar, supra, 235 Cal.App.3d at p. 1512, 1 Cal.Rptr.2d 579.)

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