Hit And Run: Restitution Regardless Of Fault

Criminal Defense Lawyers in Orange County

It is the law in California that if you commit a crime that causes financial loss to the victim of the crime, then the victim is entitled to restitution for their loss. This is the case whether the crime is Domestic Violence, theft, burglary, Robbery , DUI, assault and battery, hit and run or any other offense. California Constitution, Article I, Section 28 (prop. 8) makes the victim’s right to restitution a constitutional right. Moreover, California Penal Code Section 1203.1 provides that when a defendant is given probation the court will provide for restitution in proper cases. Thus, in most cases, when your   criminal defense lawyer in Orange County negotiates a deal with the District Attorney DA for settling your case, the deal must include a condition that you make restitution to the victim as ordered by the Superior Court.                                

It makes sense that a person who commits a crime that results in loss to a victim should pay restitution to the victim. Orange County criminal defense attorneys rarely object to these restitution orders because of the inherent fairness to them. For example, if a defendant embezzles funds from his or her employer, then it’s only fair that the defendant pay the money back. Or, in a domestic violence case, in seems obvious that the victims of Domestic Battery should not recover money from the defendant for the costs of having their injuries treated—whether physical or emotional. Even a DUI case presents an obvious scenario where property damaged by a drunk driver should be repaired or replaced by the drunk driver.

But the courts have taken the restitution provisions even further by interpreting them to allow for restitution for losses not caused by the defendant. For example, in the case of a hit and run (CVC 20002), sometimes the damage that results is NOT the fault of the driver who fled the scene. The accident occurs BEFORE the crime of leaving the scene and therefore the damage that results is almost never the RESULT of the crime. The crime of leaving the scene without exchanging information doesn’t CAUSE the damage. So, for example, Dan is in a hurry and is lawfully driving through a green light when he is struck by Victor, who has run a red light. There is minor damage and Dan decides to leave the scene to make his appointment. Dan was NOT at fault. However, Dan did commit the crime of hit and run. But the damage to Victor’s car was not caused by the crime of hit and run.

This scenario presents a clear picture where restitution should not be ordered. Yet, in the case of People v. Carbajal 10 Cal.4^th 1114, the California Supreme Court held that restitution can be ordered for losses that are “reasonably related to the criminal activity” even though not caused by the activity in order to deter such conduct and to rehabilitate the offender.  In Carbajal, the defendant struck and killed a pedestrian who was illegally crossing the highway. It was determined that the victim was completely at fault. Yet the defendant was still ordered to pay restitution to the victim’s family and to the hospital that treated him before he died. Thus, restitution laws in California are tricky and restitution hearings should be handled by an experienced  criminal defense attorney.  

If you are facing charges for any crime in Orange County call The Law Offices Of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. Or visit our website at www.EJEsquire.com. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorneys in Orange County