Legal Question in Criminal Law in California
electronic monitoring and formal probation
my husband was sentenced to 1 year in county jail for a non-violent, white collar crime. He opted not to wait for early release, and took the offer of electronic monitoring even though this would mean approximately 7 months on the monitor, and a weekly fee. We were under the impression that his formal probation and restitution wouldn't start until after the monitoring was completed, however, he's been made to begin formal probation & restitution at the same time, which is almost impossible for us financially. Is this correct?
1 Answer from Attorneys
Re: electronic monitoring and formal probation
Probation commences immediately after sentencing. If paying for the electronic monitoring and restitution contact the probation department. If necessary you can go back to court and request that the court modify the terms of your probation. You will have to present evidence of your income and expenses to justify the modification.
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