Legal Question in Criminal Law in California

Hardship/ restitution

Is there any provisions in California criminal law to help when you cannot afford restitution?

I am a 61 year old disabled widow who receives only 1397 per month in SS and widows pension,. I am ordered to repay 13,000 to EDD.I am raising my two grandsons and cannot afford to meet my bills.

I have no prior record, and signed my husbands checks because he told me I had power of attorney to do so. I pled no lo as there were no other options offered me.


Asked on 3/05/09, 7:46 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Hardship/ restitution

Sadly, no. The law actually forbids judges to consider the defendant's ability to pay when setting the amount of restitution.

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Answered on 3/05/09, 8:00 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Hardship/ restitution

You have the right to have a hearing on your ability to pay. You should not be ordered to pay more a month than you can afford, regardless of the total amount owed. Also, no one goes to prison if they are unable to pay restitution. Only those who do not pay willfully can be jailed.

You should have this matter handled by the attorney who represented you on the criminal case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/05/09, 9:44 pm


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