Is Restitution Mandatory? Andrew Explains Legal Truths Now
Is restitution mandatory in California criminal cases? Yes—it's constitutionally required whenever a victim has a financial loss, explains Oakland attorney Andrew Dósa, under the Victims' Bill of Rights. It covers therapy, medical bills, stolen property, even a company's investigation costs. Genuine inability to pay isn't a probation violation, but victims can still pursue you in a separate civil suit.
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Answered by Andrew Dósa · Oakland, CA
Highlights
Frequently Asked Questions
Is restitution mandatory in California?
Yes—it's constitutionally required whenever a victim has a financial loss, under the Victims' Bill of Rights.
What does restitution cover?
Therapy, medical bills, stolen property, and even a company's investigation costs—any case where a victim suffered financial loss triggers it.
Is inability to pay a violation?
No—a genuine inability to pay isn't itself a probation violation, so you won't be punished for being unable to pay.
Can a victim still collect?
Yes—a victim can pursue the debt through a separate civil action even if criminal restitution isn't fully paid.
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