Legal Question in Criminal Law in California

Re: Charged again?

Thank you for your inquiry, and the opportunity to serve you further.

If the person is asking for the filing of new charges based upon the same incident you pled to 2 years ago, that is improper. Incidents that are earlier or later in time, may be charged, if within the statute of limitations for that crime.

A restitution hearing is a hearing to determine how much should be paid to the alleged victim, if anything.

Thanks, and if you need further questions answered, or need legal assistance, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

Re: Charged again?

You cannot be charged again for the same incident, even if new information is now available. As you say, a second prosecution would be double jeopardy.

Sentences often include an order that the defendant pay restitution -- in other words, that he compensate the victim for the loss he caused. A restitution hearing is a court proceeding to determine how much the defendant must pay. This amount is often decided at the time of sentencing, but sometimes the amount of the loss is not known at the time and the court will order the amount determined at a future date. The hearing at which the amount is decided is the restitution hearing. If new information has come to light and the restitution order is not yet final, the court can probably use the additional information when it sets the restitution amount.