VICTIM NEED NOT PRESENT “PROOF” OF LOSS AT RESTITUTION HEARING

By: Wallin & Klarich

So says the California Court of Appeals in the recent case of People v. Gemelli. In that case, the victim provided information regarding losses sustained as a result of a burglary, but did not submit “proof” of loss in the form of receipts and the like. The Court found that, once a crime victim sets forth a prima facie showing of economic loss, the burden shifts to the defendant to disprove the loss claimed by the victim. The Court ruled that there is no requirement that the victim provide independent or verified “proof” of loss in order to meet this prima facie standard.

Posted In: Criminal Defense