Legal Question in Criminal Law in California

Re: criminal law

Along with your plea, you agreed to pay restitution and fines at a certain rate. If you fail to pay, it could be a violation of your probation terms, subjecting you to a violation hearing and re-incarceration.

You should contact your attorney that represented you on the original deal ASAP to have them seek an extension for you before a warrant goes out. You've got a better shot at getting more time BEFORE you miss a deadline, rather than have to explain why you messed up and were arrested on a warrant.

Contact your lawyer NOW.

Re: criminal law

Mr. Dane is correct. If you don't have a lawyer or can not afford one, you CAN get this handled yourself, though it is not advisable. You don't just go and ask to "Talk to the judge". You ask the clerk to put the case on calendar on a specific date for a "motion to modify probation". You should be able to do it without filing any papers. Then you go on the day set and explain to the judge you need more time. He will very likely give it to you. But as Mr. Dane said, do this ASAP and not after you have gotten the warrant for non compliance. Good luck

Re: criminal law

I am assuming this is a standard situation in which as part of the Plea Bargain you agreed to pay restitution on certain schedule.

The court probably explained the scheduled when you plead to the charge. Your attorney should have explained the situation to you completely, including the consequences of failing to pay the restitution. Your attorney should have also asked you if you understood what the court was explaining. Generally part of the agreement includes paying the restitution and paying it according to the terms of the Plea. If you do not pay the restitution according to agreement you could be found to be in violation of the terms of your probation which could result in another charge regarding the violation of probation.

I suggest you contact your original attorney and explain the situation and ask them to submit a motion to modify the terms of probation. If you had the public defender than contact their office and do the same thing. The clerk was absolutely correct in not allowing you to speak with the Judge. The only way to speak with the Judge in this type of situation is to be put on calendar and that generally means a motion and an appearance in court. Do this through an attorney even if that means using the public defender. The court appoints you a public defender and if that was what happen call the PD's office. If you had a private attorney contact their office. Good luck