In our experience, since we have handled a significant number of civil cases involving the preponderance of the evidence burden of proof, many criminal law judges (especially those with no civil case experience) are vulnerable for ordering legally improper restitution awards. The judges just do not have experience to understand the correct applicable burden of proof. For a good example of where this happened, click on the following link.
http://www.greghillassociates.com/lawyer-attorney-2104690.html.
Greg Hill & Associates (310) 782-2500 