Legal Question in Criminal Law in California

Re: Can the DA or the Judge add restitution after case is settled

SOUNDS LIKE WE SHOULD TALK. Larry Wolf

310 277 1707

Re: Can the DA or the Judge add restitution after case is settled

Thank you for your inquiry.

Restitution cannot be now ordered by the court, as it was not part of the sentence.

This does not mean, however, that the alleged victim can't sue civilly, and if he or she tries to seek restitution now, they will tell him or her to go file a civil lawsuit to get reimbursement or restitution.

I hope this helps, but if you have further questions, need more information, or want legal representation, I'm happy to help in any way that I can. Feel free to email me directly at [email protected], and best of luck.

Re: Can the DA or the Judge add restitution after case is settled

No, but there's more:

A plea bargain is a contract, which requires that the parties understand and assent to all of the terms of the contract. In a criminal case, the defendant will not be held to terms that were not part of the original agreement. However, a 415 is a misdemeanor, which means that the plea agreement need not be in writing, but the plea and ordered terms of sentence can be made orally on the record. It is very possible that direct victim restitution was left open, subject to the victim making the claim for reimbursement in the future. So I wouldn't be so quick to conclude that no actual restitution could be ordered in the case, especially in light of the prosecutor's comments concerning the need for such payment. Also, you should understand that there are two types of restitution: a restitution fund fine, which is mandatory in every misdemeanor or felony case, and direct restitution, which is the out-of-pocket loss of a specific victim. This restitution is money paid directly to the victim to reimburse his actual loss.

The defendant may have given what we call a "Harvey" waiver, which specifically means that the defendant will pay direct victim restitution on charges despite the fact that they are dismissed.

If the DA really blew it, which is possible, but very unusual, the victim can still seek the reimbursement through small claims court or civil court.

If you have any further questions, or if you would like me to review your paperwork in depth to confirm your suspicions regarding the lack of restitution order, feel free to fax your paperwork, or call me or email me directly.

Best of luck to you,

JACQUELINE GOODMAN RUBIO

Attorney at Law

(800)515-0233 office

(714)526-3915 fax

[email protected]