What is the standard of proof at a restitution hearing?

California, United States of America


The following excerpt is from People v. Johnson, C082042 (Cal. App. 2017):

"A restitution order is reviewed for abuse of discretion and will not be reversed unless it is arbitrary or capricious. [Citation.] No abuse of discretion will be found where there is a rational and factual basis for the amount of restitution ordered. ' "[T]he standard of proof at a restitution hearing is by a preponderance of the evidence, not proof beyond a reasonable doubt." ' [Citation.] Section 1202.4 does not, by its terms, require any particular kind of proof. . . . [Citations.] Once the victim makes a prima facie showing of economic losses incurred as a result of the defendant's criminal acts, the burden shifts to the defendant to disprove the amount of losses claimed by the victim. [Citation.] The defendant has the burden of rebutting the victim's statement of losses, and to do so, may submit evidence to prove the amount claimed exceeds the repair or replacement cost of damaged or stolen property. [Citation.]" (People v. Gemelli (2008) 161 Cal.App.4th 1539, 1542-1543.)

Other Questions


What is the standard of proof at a restitution hearing? (California, United States of America)
What is the standard of proof at a restitution hearing? (California, United States of America)
What is the standard of proof at a restitution hearing? (California, United States of America)
What is the standard of proof at a restitution hearing? (California, United States of America)
What is the standard of proof required at an annual mental health status review hearing? (California, United States of America)
What standard of conduct will qualify as harmless where the facts support the standard standard? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
What is the evidentiary threshold for establishing a right to restitution at a victim restitution hearing? (California, United States of America)
If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.