Legal Question in Criminal Law in California

I have been paying restitution for about 2 years consistently to a business. approx $200 per month. i was convicted for grand theft, have "paper" probation for about 1.5years which ends starting about 2012. the company went out of business (chapter 7). where does the money go now? is there point in me paying it, and if so how will it affect my probation status and ability to reduce conviction? should i be trying to modify my restitution payments?


Asked on 9/15/09, 5:12 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

If the company was dissolved in bankruptcy, there should be bankruptcy trustee who is distributing the company's remaining assets to its creditors. The debt you owe the company is one of those assets, so the trustee would be obligated to use the money you send to pay off the bankrupt company's debts.

It may be possible to modify your restitution payments, but this is a somewhat complex issue that would take some investigation so your lawyer could file a motion informing the court of the current facts.

Of course, you shouldn't just stop paying. Making restitution is probably a condition of your probation, so it would be a probation violation not to pay.

The payment situation could certainly affect the court's decision whether to reduce your felony conviction to a misdemeanor. The court has discretion to grant or deny a petition to reduce a conviction under Penal Code 17(b), and most judges consider payment of restitution an important factor in making that decision.

Read more
Answered on 9/15/09, 1:32 pm


Related Questions & Answers

More Criminal Law questions and answers in California