Legal Question in Criminal Law in California
existing crimimal case
Thank you for your replies. I need to make this clear. I have been paying and no violations. I owe, 100k but at the end of 5 yrs the balance would be 50k still owed. What recourse does the victim have if I complied with the sentence? What can they do to me if there is still a balance at the completed end of my probation? What is the statuatory limits on filing a civil suit? I just want to know what to expect at the end of my probation if there is still a balance. Thanks for all your help.
2 Answers from Attorneys
Re: existing crimimal case
The victim would not need to file a civil suit. The restitution order is equivalent to a civil judgment, and can be enforced like a judgment. That order remains in place until it is satisfied, regardless of whether your probation has ended or not. As I explained in a prior answer, the end of your probation has no effect whatsoever on your obligation to pay the restitution imposed by the court.
Re: existing crimimal case
The unsatisfied restitution order will become a civil judgement which the victim will be able to renew indefinitely and attempt to collect on.
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