Is a criminal defendant entitled to a jury trial on a restitution claim?
California, United States of America
The following excerpt is from People v. Carbajal, 19 Cal.App.4th 287, 23 Cal.Rptr.2d 500 (Cal. App. 1993):
4 People v. Baumann (1985) 176 Cal.App.3d 67, 80, 222 Cal.Rptr. 32, holds that a criminal defendant is not entitled to a jury trial on the amount of restitution.
"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
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does section 1202.4 of the California Criminal Code require a defendant to pay restitution for economic loss caused by the criminal activity that formed the basis of the criminal conviction? (California, United States of America)
When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
