Legal Question in Criminal Law in California

I am obligated to pay restitution back to my parents. Im on probation for 5 years until its paid in full, and if its not paid off by 2012 it is a probation violation. Is there a way to get payments lowered or have my father meet with the court to have the charges dropped , paying him directly ?


Asked on 5/04/10, 2:44 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Wow. Your own parents were your victims? I'm assuming that you are an adult, from your post. If you are a juvenile, you need to be more specific and post under juvenile law.

Restitution hearings occur after conviction, so having the charges dropped is not an option once you have been ordered by the court to make restitution. The District Attorney is the one who decides whether to bring charges, and once he goes forward, the victim can't be pressured into "dropping" charges, as happens in other states.

Restitution is made up of victim restitution and fines. Not paying the victim restitution does not trigger probation violation, it is when you fail to pay the restitution fine to the court, that triggers probation violation. Not paying the restitution to the victim will cause it to become a civil judgment, which will follow you.

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Answered on 5/09/10, 5:22 pm


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