What is the test for making a restitution order for a crime victim?

California, United States of America


The following excerpt is from People v. Fullam, A146413, A150004 (Cal. App. 2018):

A restitution order shall fully reimburse the victim for his or her losses. ( 1202.4, subd. (f)(3).) "The value of stolen or damaged property shall be the replacement cost of like property." (Id., subd. (f)(3)(A).) "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 [i.e., the People have] 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, supra, 175 Cal.App.4th at p. 26; see also People v. Keichler (2005) 129 Cal.App.4th 1039, 1048 [crime victim's statements about

Page 7

Other Questions


Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
Does the fact that some of the restitution order was for economic losses to be incurred in the future, if not for the purpose of compensating the victim, stand in the context of the original restitution order? (California, United States of America)
Can a defendant who makes a threat to kill a witness or crime victim under section 139, subd. 139, make a specific intent crime? (California, United States of America)
Is discovered a crime discovered when either the victim or law enforcement learns of facts which, if investigated with reasonable diligence, would make the victim aware of the crime? (California, United States of America)
Does a probation officer have the authority to order that a defendant must pay restitution to the victim of a crime committed while on probation? (California, United States of America)
When will a court order restitution for a victim of a crime as a condition of probation? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
What is the test for discovering an offense discovered when either the victim or law enforcement learns of facts which, if investigated with reasonable diligence, would make the victim aware of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.