Legal Question in Criminal Law in California

Re: restitution violation

If your religious beliefs actually *require* a certain amount of tithing, such that you are unable to both satisfy that duty and meet your restitution obligations, you might be able to make a free exercise argument in your defense. I doubt that this is the case, however.

Tithing generally involves the donation of discretionary funds, and I'm not aware of any religion that would expect a member to breach an earthly financial obligation in order to give more money to the church.

I've never heard of a church which requires its followers to put tithing ahead of such daily obligations as rent or food, or above legal obligations like taxes or child support. Court-ordered restitution strikes me as the same type of obligation.

If you think that meeting the requirements of your restitution order poses an actual conflict with your religious beliefs then you may well have a viable argument to make. On the other hand, if you are trying to use these payments as an excuse to avoid your duty to pay restitution, you are breaking the law. If you are merely *claiming* to have tithed the money when you actually kept it, then you are not only breaking the law but are doing so in a particularly vile manner.

Having asked for legal guidance on this point, you might also want to seek the guidance of your clergyman.