What is the test for a defendant to challenge the determination of the amount of damages awarded to a victim at a victim restitution hearing?
California, United States of America
The following excerpt is from People v. Kuahuia, G052850 (Cal. App. 2017):
"The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution." ( 1202.4, subd. (f)(l).) "At a victim restitution hearing, a prima facie case for restitution is made by the People based in part on a victim's testimony on, or other claim or statement of, the amount of his or her economic loss. [Citations.] 'Once the victim has . . . made a prima facie showing of his or her loss, the burden shifts to the defendant to demonstrate that the amount of the loss is other than that claimed by the victim." (People v. Millard (2009) 175 Cal.App.4th 7, 26.)
"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.
