Legal Question in Criminal Law in California

Re: probation violatonn

Contact the lawyer who represented you on this case. S/he will know all the facts and the personalities of the key players - judge, prosecutor, and probation officer. Your lawyer can contact the probation officer and/or have your case put on the court's calendar depending on which course your lawyer thinks will be more productive.

As a general rule, you cannot be violated for failing to pay if you are financially unable to pay. However, if the court believes you could find work - any kind of work - and you haven't then you will be violated. And, the court could be of the opinion that in your case college does not come first.

The best thing you can do for yourself is find a part time job - any job - and use the income from that job to start paying off this larage debt. Even if you only put a dent in it, your efforts will bode well with the court. You don't want to be in a position of being forced from the classroom to a jail cell.

Re: probation violatonn

First off, I would not worry too much about probation violation in a situation where you simply do not have the money to pay. There not much you can do. You can be violated (and go to prison) only if your not paying is willful; i.e., you have the money but you refuse to pay.

If your P.O. insists on initiating probation violation proceedings against you, I would get a lawyer. While the law is on your side, you risk being mistreated and steamrolled in court without competent representation.

There are two other issues when it comes to not paying restitution. First, most likely you will not be able to terminate your probation early as long as restitution is not satisfied. Second, unpaid restitution will turn into a civil judgment which will hang over you for as long as it has not been paid.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com