NEWPORT BEACH, Calif. — A judge on Thursday upheld a restitution fee following a bail release at the Newport Beach Harbor Justice Center, despite defense arguments that the accused could not afford to pay, after the accused pleaded guilty to possession of illegal substances.
Judge Antony C. Ufland upheld the restitution fee after the accused’s release on bail, maintaining the financial penalty while granting limited relief on other court-imposed fees.
The accused was originally arrested in March 2023 with two other men for attempting to illegally cultivate mycelium with the intent to produce an illegal controlled substance. While one of the men has also entered a guilty plea, another co-conspirator has continued to plead not guilty and faces two additional charges: possession of a controlled substance and possession of items related to a controlled substance.
In exchange for pleading guilty to the charges presented against him, the accused’s charge was reduced from a felony to a misdemeanor, and two charges were dropped. Court records state the accused had 17 filing fees and, under the maximum sentence for a guilty plea, would have been subject to incarceration.
The defense argued the accused was unhoused and unable to pay the original amount set by the court, noting he had recently started a new job three months prior and had only $300 in earnings. Defense counsel requested the court reconsider the restitution amount and the accused’s ability to pay.
A restitution fee is required in every criminal case in which a non-juvenile is found guilty or enters a guilty plea, and it can only be waived in extreme circumstances. For misdemeanors, restitution fines can range from $150 to $1,000.
While Judge Ufland agreed to waive most of the fees associated with the case, he stated he could not waive the restitution fee in this instance. According to the California Victim Compensation Board, the restitution fee is designed to “cover actual crime-related expenses incurred by a victim.”
Based on the listed charges for the accused and his alleged collaborators, it does not appear that any of the three men originally charged had a direct victim, nor was there an intent to sell the controlled substances.
Judge Ufland sentenced the accused to 14 days in jail along with one year of informal probation. Because the judge did not mention the 14-day sentence during the hearing, it is likely the sentence had already been served during the past three years.
The court also imposed a condition of probation requiring the accused to complete 20 hours of community service with a 501(c)(3) nonprofit organization by Aug. 3.
Although the accused was released on bail, the restitution fee remained unchanged at $150.
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