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Criminal defense lawyers explain issues with required restitution

Posted by Ronald Dinan | Dec 17, 2021 | 0 Comments

DUI lawyers in Santa Rosa, Napa, Lakeport and Ukiah explain when a Court orders restitution after a conviction, the injured party can force the defendant to pay for more expensive parts.

Often, when a defendant is convicted of a crime that involves damage to property, the court will make a restitution order to compensate the alleged victim. The laws regarding restitution or compensation to the victim are significantly slanted towards the victim.

Criminal and DUI attorneys will explain in this article how favorable the laws are to the victim. In this particular case, the person convicted, (the defendant) argued that the estimate given to the court by the victim was too high because it contained only original manufacturer (OEM) parts which are more expensive than after-market parts.

The defendant submitted an invoice for repair of the vehicle that was much lower in value because it used only aftermarket parts and the defendant contended that the victim was not entitled to have his vehicle repaired using only OEM parts.

The trial court disagreed and accepted the invoice with the OEM parts which was much higher. The defendant appealed his case to the Court of Appeals.

As the best DUI lawyers explain, the lower court decision was affirmed by the Court of Appeals. The court held that restitution should be based on the amount of loss that the victim suffered and should, in general, completely reimburse the victim for all losses caused by the defendant's criminal conduct.

In Santa Rosa, Napa, Lakeport and Ukiah, the burden of proof to justify using after market parts requires the defendant to prove either that (1) the vehicle that was damaged contained after market parts or (2) the aftermarket parts were of equal quality to the original manufacturer parts. P v. Frias, (2021) 69 Cal App.5th 1121.

If you are facing a criminal or DUI case in Santa Rosa, Napa, Lakeport or Ukiah, it is crucial to get the best criminal DUI lawyers in the community.

Remember, Ronald Dinan and Associates, is a firm of experienced and aggressive criminal defense lawyers who can help in achieving the best outcome in your case. Many times criminal case dispositions will include reduction or outright dismissal of the number and/or severity of criminal charges, diversion programs, probation, reduced fines with installment payments, alternatives to jail, etc.

To get immediate help with your criminal matter, we invite you to call us to discuss your case. We answer all telephone calls in a polite, professional and helpful manner.

Sonoma County Santa Rosa 707-571-5550

Napa County Napa 707-252-0102

Marin County San Rafael 415-491-0223

Lake County Lakeport 707-262-0503

Mendocino County Ukiah 707-462-5950

Humboldt County Eureka 707-445-1348

About the Author

Ronald Dinan

About Ronald Dinan Meet Criminal Defense Attorney Ron Dinan Ron Dinan was raised in Fort Lauderdale, Florida. After a year of college, he joined the U.S. Marine Corps in 1966. Prior to going to Vietnam, Ron spent six months at Camp Pendleton in Southern California. It was during this time that ...


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