Disputing Restitution

Case Name: People v. Runyan , CalSup , Case #: S187804

Opinion Date: 7/16/2012  , DAR #: 9707

Case   Holding:

Under Penal Code section 1202.4, where the defendant's   victim dies immediately and leaves no survivors to seek restitution on their own   behalf, restitution to the victim's estate is limited to pre-death losses   resulting from the defendant's criminal conduct. Appellant, driving   intoxicated, killed another driver instantly in a freeway collision. The victim   left no surviving family, dependents, or heirs. Appellant was convicted of gross   vehicular manslaughter, sentenced to prison, and ordered to pay restitution to   the decedent's estate for post-death diminution of value of property the   decedent owned in life, funeral and burial expenses, and costs of estate   administration. The restitution award was reversed. Interpreting section 1202.4   and Marsy's Law, the Court found that the estate was not a "direct" victim and,   therefore, was not entitled to restitution for its own expenses incurred as a   result of the victim's death. Although a decedent's personal representative is   authorized to receive, on the decedent's behalf, restitution for economic losses   the decedent personally incurred prior to death as an actual victim of the   defendant's crime, here there were no such losses.

Restitution can be a tricky situation. You have 30 days to contest a restitution amount once you have been properly noticed of the amount. In order to contest restitution, you should hire a lawyer with the appropriate experience in fighting gross amounts of restitution.

Attorney George Derieg
www.eastbayattorney.com
510-355-2747