West Covina, CA asked in Criminal Law and Collections for California

Q: They sent the notice for my restitution hearing to a really old address of my lawyer at the time. Should it be dismissed

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the adequacy of notice for a restitution hearing is an important aspect of the legal process. If the notice was sent to an outdated address of your former attorney, this could potentially impact the validity of the notice. It's advisable to bring this matter to the court's attention promptly.

The court may consider whether you had actual knowledge of the hearing and if the notice was reasonably calculated to reach you. However, the mere fact that the notice was sent to an old address doesn't automatically lead to the dismissal of the restitution hearing.

Each case is unique, and the decision depends on specific circumstances and legal standards. It would be beneficial to discuss this with a lawyer to understand how it applies to your situation and explore your options.

Leon Bayer agrees with this answer

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