Legal Question in Criminal Law in California

Re: Restitution of credit card theft

Presumably you have been subpoenaed to testify at the restitution hearing. If you don't show up the judge will issue a bench warrant for your arrest and you will be brought to court whether you want to be there or not.

Even if you don't end up in front of the judge, he isn't going to do his own research to make up for your absence. Research is no substitute for testimony, since only the latter is given under oath and under penalty of perjury.

Even if you have been reimbursed, the defendant will still be ordered to pay you back and then you will have to turn over any funds he gives you to your credit card company. The least you can do for the company that made you whole is to take part in a hearing so it can recoup some of its losses later.

Re: Restitution of credit card theft

The court is not going to do a thing without you. You don't show up, no restitution is going to be ordered. The court does not 'do research', it accepts input from prosecutors and defense attorneys, so work with the prosecutor to get you claim filed.