Monday, June 1, 2015

What Is A Restitution Hearing?

If you have resolved a DUI case that involved a traffic accident the Court has a duty to ensure that any damages are taken care of and any victims are compensated for any loss that may have incurred. If there was insurance involved they will usually pay the other side and make the parties whole.  Nonetheless, the Court will often set a restitution hearing to ensure that there is no outstanding loss.

A couple of things may happen at the hearing:

  1. The Court can order a specific amount to be paid if the victim shows up and presents a legitimate bill for loss.  The defendant has a right to challenge the amount of the loss if it is unreasonable.  
  2. If the victim does not show up then the District Attorney will usually request that the matter be taken off calendar.  What this means is that no restitution will be ordered.  The Court will maintain jurisdiction which means they can recall the case and order restitution at a later date.
The Court can also Determine that no restitution is required because there was no third party loss.
In any event, an appearance will be required either by the defendant or the attorney.