Can a plaintiff obtain a stay or dismissal of criminal charges under section 11483 of the California Criminal Code?
California, United States of America
The following excerpt is from Madrid v. McMahon, 183 Cal.App.3d 151, 228 Cal.Rptr. 14 (Cal. App. 1986):
The present case is apparently not subject to the restitution attempt requirement. 1 If it were, plaintiff could invoke section 11483 to obtain a stay or dismissal of the criminal charges. (See People v. Durrett (1985) 164 Cal.App.3d 947, 952-953, 210 Cal.Rptr. 874.) The case not being subject to the restitution attempt requirement, there is no legislative policy favoring an administrative determination of the fraud issue before commencing criminal proceedings. On the contrary, the 1979 amendment of section 11483 can only be interpreted as a determination that criminal and administrative proceedings should be allowed to proceed separately and independently, although still subject to the rules of collateral estoppel, in cases not subject to the restitution attempt requirement. In the present case, this policy is implemented by holding that plaintiff has no right to an administrative fair hearing.
The judgment is affirmed.
KAUFMAN and DORR, * JJ., concur.
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