The amount of restitution granted in a criminal prosecution is enforceable as if it were a civil judgment, according to California Penal Code 1214 PC. This means that a victim will be able to collect the judgment using all of the resources available under California law.

Victim restitution (compensation) is the right of a victim to recover any financial losses incurred as a result of another person’s criminal wrongdoing.

In many California criminal cases, a restitution hearing is performed to allow the victim to prove the exact amount of his or her damages and/or the perpetrator to oppose the amount of compensation sought by the victim.

Please keep in mind that victim restitution and compensation under the California Victim Compensation Program are not the same thing (CalVCP). The California Victim Compensation Program (CalVCP) is a governmental fund that compensates victims of violent crimes for unreimbursed damages.

Claims under the California Victims Compensation Program (CalVCP) are frequently made in conjunction with violent acts such as:

• Homicide under California Penal Code 187 PC,
• Robbery under California Penal Code 211 PC,
• Rape under California Penal Code 261 PC, and
• Lewd acts with a minor under California Penal Code 288 PC.

The California criminal defense attorneys at Spodek Law Group will show you the following in this article:

1. What provisions are there under California Penal Code 1214 PC?
2. What exactly is victim restitution and compensation?
3. What kind of court proceeding is a restitution hearing?
4. Is restitution the same as compensation according to the California Victim Compensation Program?

1. What provisions are there under California Penal Code 1214 PC?

The California statute Penal Code 1214 PC states that after a monetary amount of restitution has been issued in a criminal prosecution, the order is enforceable as a civil judgment. This means that a victim will be able to collect his payments using all of the tools provided under California law.

Such “resources” could include, but are not limited to:

• access to the defendant’s financial records and assets by way of a “defendant’s statement of assets,” which the defendant is required to sign under penalty of perjury (subjecting himself or herself to California Penal Code 118 PC perjury charges in the event that  he or she omits or falsifies any details),
• if the defendant is employed, the ability to garnish his or her wages, and
• The ability to put a lien on any real estate.

2. What exactly is victim restitution and compensation?

Victim restitution (compensation) is the right of a victim to recover any financial losses incurred as a result of another person’s criminal wrongdoing. 

These are all examples of “victims.”

• • The person who has experienced direct or threatened physical, psychological, or financial injury, 
  • The family of the person who has incurred a loss, or even 
  • A corporation, government, or other organization that has suffered a loss as a result of another person’s unlawful activities 

Stolen, wrecked, or destroyed property, medical and/or treatment bills, lost wages if the victim was also unable to work due to the offence (including court and transit times), harm to a company or its property, and any acceptable attorneys’ fees incurred in attempting to collect the ordered restitution are all examples of “losses.”

According to California law, victims of crimes are entitled to full compensation for any reasonable losses or expenses. Even during a plea bargain, the prosecutor is not able to lessen this sum because he or she has no right to waive any claims on behalf of the victim.

3. What kind of court proceeding is a restitution hearing?

In many criminal cases in California, a restitution hearing is held for the following reasons:

1. The victim must figure out how much money he or she has lost, and/or

1. The defendant can object to the amount of restitution sought by the victim.

The victim has the burden of proof at this hearing to show that the defendant’s illegal behavior caused the victim’s losses in a significant way. The defendant’s actions did not have to be the sole cause of the loss, as long as they were a significant factor.

The victim must show that the compensation she is seeking is appropriate. “A preponderance of the evidence,” a legal notion that implies “more likely than not,” is the level of proof. Bills, business documents, medical bills, and lost profits are examples of evidence.

These are  all admissible in court. If the victim does not have such documentation, she can merely state what she thinks to be her losses.

If the defendant contests the amount, he bears the duty of demonstrating that the requested sum is excessive, possibly by getting his own estimations. The defendant has the opportunity to contest the amount ordered at any time.

If a judge agrees with the victim and awards restitution, the defendant must either: 

• • pay the victim the full amount in one payment, or 
  • set up a payment plan for the defendant to make monthly payments (a much more common approach).

4. Is restitution the same as compensation according to the California Victim Compensation Program?

The California Victim Compensation Program distinguishes between restitution and compensation for victims (CalVCP). The California Victim Compensation Program (CalVCP) is a governmental fund that compensates victims of violent crimes for unreimbursed damages.

CalVCP is administered by the California Victim Compensation and Government Claims Board .

The fund is primarily funded by reparation fines ranging from $100 to $10,000 imposed on all criminal defendants.

CalVCP pays for expenses incurred as a result of physical injuries (as opposed to purely economic injuries). Emotional injuries may be enough to qualify in some circumstances.

Claims for the California Victim Compensation Program are frequently filed in connection with violent crimes such as:

• Homicide under California Penal Code 187 PC, 
• Rape under California Penal Code 261 PC, 
• Robbery under California Penal Code 211 PC,
• Lewd acts with a minor under California Penal Code 288 PC.
• Domestic violence offenses in California,
• Vehicular manslaughter offenses in California,
• Drunk driving offenses in California, and
• California Penal Code 245 PC ADW.

For assistance, please contact us at Spodek law Group

We urge you to contact us for a free consultation if you or someone you know is interested in learning more about Penal Codes 1214 PC.