What is the scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution?

California, United States of America


The following excerpt is from People v. Maldonado, E070961 (Cal. App. 2019):

Cal.App.4th 682, 692.) "The scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution is very limited: '"A defendant's due process rights are protected when [he or she has] notice of the amount of restitution claimed . . . , and . . . has an opportunity to challenge the figures . . . at the sentencing hearing."'" (Cain, at p. 86; Prosser, at p. 692.) To satisfy due process, a judge need not employ the "'narrow net'" of traditional evidence rules, and enjoys "'"'virtually unlimited discretion'"'" in choosing the type and source of information to rely upon. (Prosser, at p. 692.) Moreover, a defendant may waive his or her right to be present, provided the waiver is knowing, intelligent, and voluntary. (People v. Cunningham (2015) 61 Cal.4th 609, 633; People v. Weaver (2001) 26 Cal.4th 876, 967 (Weaver).)

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