Legal Question in Criminal Law in California

I am about to complete 3 years formal probation for felony white collar. My probation officer has fully recommended to terminate and have the balance, which is large, become a civil judgement. I have been paying a small amount every month (determined by probation financial); am on permanent disability (I'm 58 yrs. old), and will not have an increased income. At my hearing yesterday, the judge extended the probation another year - I had a p/d assigned on the spot by the court since I did not go in with an attorney (my P.O. said I wouldn't need one). The PD argued how doing this wouldn't make sense because of my situation, and how the cost to the probation dept. would be greater than what I will be paying out over the year ($1200.00), and the balance left for restitution is over $60,000. To no avail. Is there a way for me to appeal this? Would it make sense? What will happen at the end of the additional year when there's still a big balance? Am I to be on probation until I die? Thank you


Asked on 10/21/09, 5:59 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You can only be on probation for five years, so it can only be extended one more time at the end of the additional year. The judge is probably hoping you will win the lottery and the court can snag your winnings to pay the restitution.

Unless the judge's ruling was a clear abuse of discretion, an appellate court won't touch the ruling. Instead of spending time, money and effort to challenge the ruling, I'd just wait and hope you get a more reasonable ruling next time.

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Answered on 10/22/09, 1:20 am
Edward Hoffman Law Offices of Edward A. Hoffman

Your PD can file a notice of appeal and let appellate counsel decide if the case is worth pursuing. Since you are indigent, a lawyer will be appointed to represent you at public expense.

Mr. Marshall is probably right that you wouldn't have a viable argument on appeal, but he might not be. Since having an experienced appellate lawyer review the case will cost you nothing you may as well give it a shot.

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Answered on 10/25/09, 8:59 pm


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