NEWPORT BEACH, Calif. — A Harbor Justice Center judge on April 15 rejected an attorney’s attempt to avoid a restitution hearing in a grand theft by embezzlement case, ruling that the accused retained a constitutional right to challenge any financial claims.
The accused appeared out of custody for a pretrial criminal hearing while facing multiple felony charges for grand theft by embezzlement.
Through a series of statements, retained attorney Ray Dinari indirectly requested that the court not hold a restitution hearing for his client. Judge Maria Hernandez denied the request, stating that clients “always [have the] right to [a] restitution hearing” as protected by the California Constitution.
A restitution hearing allows the accused to challenge any financial claims made by the victim, and without it, the accused could face excessive debt.
Judge Hernandez then asked the accused how they wished to plead to the charges, and the accused changed their plea from not guilty to guilty.
The accused was informed that because of the plea change, they may incur additional restitution fees beyond the “$47,000” they had already paid. Judge Hernandez added that if additional restitution fees were imposed, the accused may have to pay them.
Judge Hernandez then proceeded, acknowledging that the accused “knowingly and intelligently waived [their] rights” to a “speedy public jury trial” and the opportunity for cross-examination should evidence be presented.
Following the plea, Judge Hernandez reduced all nine charges from felonies to misdemeanors for wobbler offenses under a California Penal Code section 17(b) motion. She also placed the accused on informal probation for one year.
Deputy District Attorney David Chen then read a victim-witness statement saying the victim believes “this may have happened before” and is disappointed the charges are being reduced.
Before the case adjourned, retained attorney Ray Dinari asked the court to waive fees for his client, stating they had recently experienced a “personal trauma” and may have financial problems.
Judge Hernandez stayed the fees and scheduled the restitution hearing for July of this year.
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