Restitution Hearings
A restitution hearing in connection with a misdemeanor or felony is generally held at the time of sentencing. A court will in most circumstances rely on the probation officer's report as the source of evidence regarding the loss and the amount of loss to the victim. While a sentencing court may rely on the probation officer's recommendation with regard to restitution, a client has a right to contest the probation officer's recommendation regarding whether restitution should be imposed at all and the amount to be ordered. While a client does not have the right to a jury trial on the issue of restitution, a client must be given the opportunity to contest the restitution amount recommended. If you are arrested or charged with a crime, contact Christine McGuire, The Santa Cruz Criminal Defense Attorney/Lawyer, Santa Clara County Criminal Defense Attorney/Lawyer.