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Restitution Payments to be Made Before Court Fines or Other Penalties

By Walin & Klarich

Victim comes first with the passage of Proposition 9 by California voters The people of California were asked to vote on a new ?victims bill of rights? in the name of Proposition 9 a few months ago. This initiative passed with 54% of the voters approving it. Most of the provisions does little more than reinforce existing rules that gives victims of crimes a voice at sentencing hearings and in many other ways. However, there is one substantial change in prior law due to the passage of Proposition 9. Victims of crimes now are entitled to the ?first dollar? received from any defendant that is paid to the court for any reason. What this means is that before the court can collect any fines or other penalties from the defendant, all monies paid by the defendant must first go to pay off the ?restitution amount? that is determined to be owed to the victim...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 15, 2009 (boomark / email).