Long Beach Court Imposes Restitution in Most Criminal Cases

In the Long Beach California Court, judges have broad discretion to order restitution as a condition of probation consistent with the ends of fostering rehabilitation and protecting public safety. For example, under Penal Code section 1203.1(j), a court can order restitution as a condition of probation even when the losses are not necessarily caused by the criminal conduct underlying the defendant’s conviction.  However, the restitution condition must be reasonably related either to the crime of which the defendant was convicted or to the goal of deterring future criminality.  In one recent criminal matter which went all the way to the appeals court, the court upheld, as a condition of probation, restitution for the cost of medical treatment received by the defendant and paid for by the police department, and administered as a result of injuries sustained by the defendant when the police shot him with rubber bullets. Even though the police department was not a victim entitled to restitution under the mandatory restitution provisions of various state statutes and laws the restitution order was proper under Pen C §1203.1. The restitution was reasonably related to both the crime of which the defendant was convicted (brandishing weapon to avoid arrest) and the goal of deterring future riminality.

In yet another criminal matter, restitution for funeral expenses of a murder victim’s family was properly imposed, as a condition of probation, against a juvenile offender who was found to have acted as an accessory after the fact in connection with the murder; order was reasonably related to the crime of which defendant was convicted and was calculated to deter defendant’s gang involvement. Compare People of the State of California vs. Woods (2008) 161 CA4th 1045, 1049–1053,  wher the appelate justices ruled a criminal defendant who is convicted of acting as accessory after the fact of murder and sentenced to prison could not be required to pay restitution for economic losses resulting from the murder.  The bottom line is that most courts, including Long Beach, will indeed order that all economic losses arising from a criminal defendant’s acts will likely be compensable to the victim.

5 Responses to Long Beach Court Imposes Restitution in Most Criminal Cases

  1. dui lawyer in Norwalk says:

    Do you mind if I quote a couple of your articles as
    long as I provide credit and sources back to your webpage?
    My blog site is in the very same niche as yours and my users would really benefit from some
    of the information you provide here. Please let me know if this
    alright with you. Thank you!

  2. dui attorney irvine says:

    Howdy! I know this is kinda off topic nevertheless I’d figured I’d ask.

    Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa?
    My site addresses a lot of the same subjects as yours and I believe we could greatly
    benefit from each other. If you’re interested feel free to shoot me an e-mail.
    I look forward to hearing from you! Fantastic blog
    by the way!

  3. dwi defense force lawyer says:

    Thank you for every other fantastic post. Where else may anybody get that kind of information in such an ideal means of writing?
    I have a presentation next week, and I am at the search for
    such information.

  4. Inglewood inebriated driving says:

    With havin so much written content do you ever run into any problems of plagorism or copyright violation? My blog has
    a lot of unique content I’ve either created myself or outsourced but it appears a lot of it is popping it up all
    over the internet without my agreement. Do you know any techniques to help
    stop content from being ripped off? I’d definitely appreciate it.

  5. Due south Gate intoxicated impulsive attorneys says:

    If some one desires expert view about blogging after that i
    suggest him/her to go to see this criminal defense attorney blog, Keep up the pleasant job.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: