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Articles by Topic or Issue (Restitution - Sentencing)

Restitution

  1. Restitution in Burglary Case Can Include Receiver of Loot

  2. Can Restitution for Totaled Car Include Car Loan Interest?

  3. Restitution Order Improper If Calling for Immediate Payment

  4. Restitution Award Vacated Because Calculation Not Rational

  5. Restitution Owed When Probation Terminated, Case Dismissed?

  6. Restitution in Financial Elder Abuse Case Includes Interest

  7. Can Restitution to Victim Increase After Probation Ends?

  8. Restitution Award of $3.4 Million Vacated in Child Porn Case

  9. Restitution Order of $425,655 Proper If Causation Unproven?

  10. Can Restitution Be for Victims Not Named in the Complaint?

  11. Are There Limits on How Much One Can Pay in Restitution?

  12. What Is a Harvey Waiver and How Does It Affect Restitution?

  13. May a Judge Order Additional Restitution If Defendant Violates Probation?

  14. Restitution in Graffiti Case - $18,878 for 32 Incidents?

  15. Restitution Proper in Sex Offense Case for Mental Suffering

  16. Restitution – What Things Are Allowed in a Criminal Case?

  17. Is Comparative Negligence Considered in Setting Restitution?

  18. Do Arbuckle Rights Apply to a Juvenile Restitution Hearing?

  19. Restitution Award Improper for Damaged Truck under PC 1202.4

  20. Without Proof of Causation of Injury, Is Restitution Proper?

  21. Restitution for Pain and Suffering Allowed If PC § 288

  22. Restitution: Is Some Factual Nexus to Conduct Enough?

  23. Restitution to Parents of Children Who Are Sexually Abused?

  24. Does Restitution Owed Decrease by Victim’s Self-Help?

  25. Does AB 1950 Cut Off Time for Restitution Claim?

  26. Is Restitution Moot if Civil Settlement and Release?

  27. Restitution: Moving Expenses & Verification by Police?

  28. Mandatory Victims Restitution Act and Garnishment

  29. Criminal Restitution Not Dischargeable in Bankruptcy

  30. Do Arbuckle Rights Extend to a Restitution Hearing?

  31. Restitution in 288, 288.7 Case Can Include New Beds

Restraining Orders / Protective Orders

  1. What Punishment Do I Face for Violating a Restraining Order?

  2. Protective Order OK If It Bars Contact with Non-Victims?

  3. Civil Restraining Order and Criminal Domestic Violence Case?

  4. Ten Year Restraining Order Proper for Female Stalker?

  5. Can a Criminal Protective Order Cover Non-Victims?

  6. What Standard Applies to Renew a Restraining Order?

  7. Violation of a Civil Protective Order (PC 273.6)?

  8. Double Jeopardy Violating Restraining, Protective Order?

  9. When is a Criminal Protective Order Overbroad or Void?

  10. PC 148: Can Oral Notice of Restraining Order Suffice?

Seal & Destroy / Petition for Factual Innocence

  1. When and How Do I Seal and Destroy My Arrest Record?

  2. Eligibility for Sealing and Destroying a Juvenile Record?

  3. Petition for Factual Innocence (PFI) Under PC 851.8 Denied

  4. Must Fingerprint Records Be Destroyed If Court Grants PFI?

  5. How Does an Adult Have a Court File Sealed & Destroyed?

  6. Petition for Factual Innocence – Must One Wait to File?

  7. How to Seal an Arrest Record under Penal Code § 851.87

  8. What Is Supposed to Happen If an Order to Seal Is Granted?

  9. May a Judge Grant an 851.8 Petition After a Conviction?

  10. Juvenile Court Improperly Denies Motion to Seal.

  11. Can One Request Sealing After Prop 36 Dismissal?  No.

Sentencing / Plea

  1. What Are Community Service, Community Labor and Cal-Trans?

  2. What Factors Determine How Much Time I Will Serve?

  3. Electronic Home Monitoring - How Do I Request This?

  4. How Much Custody Credit Do I Get? What Factors Matter?

  5. Do Presentence Custody Credits Apply to Time at Patton?

  6. What Is Split Sentencing in a Plea Bargain or As Sentence?

  7. May a Sentence Enhancement Be Applied Twice for Same Day Act

  8. Can Prop 47 Alter a Negotiated Plea Bargain?

  9. Prop 47 Relief Does Not Guarantee a Shorter Sentence

  10. What's a Criminal Street Gang for a Sentencing Enhancement?

  11. Sentencing Alternatives for Military Veterans (PC § 1170.9)

  12. Can I Withdraw My Plea Based on Bad Advice from My Lawyer?

  13. If a Prosecutor Overlooks Facts, Is a Plea Bargain Invalid?

  14. What Is a Plea Subject to or Pursuant to People v. West?

  15. Plea Withdraw If Not Warned of Adverse Immigration Risks

  16. Do Anti-Immigrant Comments by Judge Invalidate Sentence?

  17. Can One Be Exempt from Post-Release Community Supervision?

  18. Resentencing 3 Strike Sentence Has Documentary Challenges

  19. Indicated Sentence and Illegal Plea Bargaining by a Judge

  20. Sentence Set Aside When Federal Judge Makes Mistake

SENTENCING ARTICLES CONTINUED ON NEXT PAGE.  CLICK HERE.

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