Can the Court Order Victim Restitution 30 Years After Sentencing? The California Court Says Yes.
At Wallin & Klarich, we know that when a person is sentenced for a crime, there’s a belief that the punishment—prison, fines, restitution—is final. But a recent appellate decision in People v. Sinay makes one thing very clear: California courts can impose victim restitution decades after the original sentencing, even if it was never mentioned at the time.
This decision has major implications for people who have served their time, been released, and are trying to move forward with their lives. Here’s what happened—and why it matters.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
The Sinay Case: A Tragic Crime and Long-Delayed Restitution
In 1993, Anthony Sinay was convicted of a horrific act—he tied up five-year-old R.P. and placed her in scalding water, leaving her with life-threatening burns. Though she survived, R.P. suffered permanent disfigurement and ongoing physical and emotional pain. Sinay was sentenced to life in prison, and the court imposed a $10,000 restitution fine—but did not order victim restitution directly to R.P. or her family.
In 2021, nearly 30 years later and just before Sinay’s parole release, prosecutors moved to impose direct victim restitution for the lifelong medical and psychological harm caused by the abuse. Sinay objected, arguing that the court lacked jurisdiction because his sentence had been finalized long ago.
But the court disagreed and ordered restitution to R.P. and her family. Sinay appealed, and the appellate court affirmed the ruling.
What the Court Decided – And Why It Matters
The appellate court held that under Penal Code §1202.46, a sentencing court retains jurisdiction to impose restitution when the full scope of a victim’s economic losses couldn’t be determined at the time of sentencing.
The court went even further: even when a judge doesn’t expressly retain jurisdiction at sentencing, prosecutors can later request the sentence be corrected to ensure full restitution is awarded. In Sinay’s case, the court found that:
- The law does not impose a time limit for ordering restitution in such circumstances.
- Silence at sentencing on the issue of restitution does not bar later action by the court.
- Victims are entitled to full compensation—even if decades have passed since the original offense.
This ruling sends a powerful message: a criminal conviction can continue to carry financial and legal consequences long after prison time is served.
Why This Case Result Is So Important
This case demonstrates how the justice system prioritizes the rights of victims to be fully compensated—even if it means reopening aspects of a decades-old case. But it also highlights the legal uncertainty and potential hardship that can arise for defendants long after their case is supposedly “over.”
- If you were sentenced years ago and restitution wasn’t addressed, your case might not be closed.
- If you’re approaching parole or release, the state may still seek additional penalties.
- If you’re already out and rebuilding your life, your finances could still be at risk.
That’s why you need an experienced criminal defense attorney who knows how to defend your rights at every stage of the process—even years after your conviction.
Contact Wallin & Klarich Today
If you have been accused of a crime with potential financial consequences, you need to contact an experienced attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
