Legal Question in Criminal Law in California
existing criminal case
I was covicted for grand theft, resulting in a felony. I am ordered to pay restitution directly to the victim and had a 2yr. suspended sentence with 5 yrs probation. If I don't finish paying all the money by the end of 5 yrs Is there recourse from the victim still?
4 Answers from Attorneys
Re: existing criminal case
Yes. The length of your sentence (including probation) has nothing to do with your duty to pay restitution.
Re: existing criminal case
The victim has very little to say at this point. It is up the DA and the judge to decide what to do with your situation.
I would do everything I can to pay the restitution. It will allow you to put your case behind you and to expunge your conviction at the end of your probation. That said, just because you have not paid it does not mean you will end up in state prison. The DA might attempt to have a hearing and to violate your probation. However, only if you willfully fail to pay, i.e., you had the means to pay but chose not to, you could be sent to state prison.
If there is a probation violation hearing against you - get a lawyer asap. Do not defend yourself. Get a public defender if you have to.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: existing criminal case
The victim has always had recourse and could have sued you anytime until the statute of limitations ran out. The victim could go to your criminal court through the probation department and demand payment, and the court could issue additional orders and/or revocation of probation, or extension. Pay the money.
Re: existing criminal case
The victim has always had recourse and could have sued you anytime until the statute of limitations ran out. The victim could go to your criminal court through the probation department and demand payment, and the court could issue additional orders and/or revocation of probation, or extension. Pay the money.
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