Legal Question in Criminal Law in California
If you were ordered to pay restitution and you don't pay, is that a violation of provation?
Asked on 8/07/12, 3:58 pm
2 Answers from Attorneys
Theresa Hofmeister
Theresa Hofmeister, Attorney At Law
Most definitely. Get an attorney to clean it up. Good luck!
Answered on 8/07/12, 4:32 pm
Joe Dane
Law Office of Joe Dane
Any violation of probation must be "willful". If you had the ability to pay and didn't, yes - you can be in violation.
If you truly could not pay, then you may not be willfully violating... but a judge will certainly be asking questions about where your money went instead of to the restitution.
If you're having a hard time paying, go to court BEFORE you fall behind to seek a modification to the amount of your payments. Judges are always much more sympathetic if you ask for help BEFORE you are in violation.
Answered on 8/07/12, 4:48 pm
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