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Can i get my my restitution waivered or dismissed?

Fairfield, CA |

I was convicted of carjacking in 2006 at the martinez county courts in California. My original restitution amount was 2055 but after making payments i have 1565 left to pay off. I don't have the money to pay it since i have 2 kids and is a single mother. I am trying to get into medical school but i have to get my record expunged in which i cant do until my restitution is fully paid. Is there anyway i can get the court oe judge to reduce my restitution if its not dismissable?

Attorney Answers 3


  1. I don't want to burst your bubble, I'm not certain with those facts that any judge is going take you seriously. You have been paying approximately $5 a month in this matter and then you are going to mention medical school? A judge is not going to take this kindly since the fact that you can afford medical school, but you can't pay this off. It appears you are disrespecting the system. In addition, the kids are problematic. Is it that you had two children in 2006, which in this case would show that they are at least 7 years older? Or is it after the fact you had two children knowing full well you had to pay the restitution? That argument is not going to fly. You will need an attorney to get this done, which isn't going to look good for you since the amount is not enormous, but you have funds to pay an attorney. Quit looking for loopholes and get it done.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  2. I agree with Mr. Cernyar. Car jacking (Cal. P.C. 215) is a very serious felony that is considered a violent offense and strike in California. You don't mention if you served a prison term from your conviction. If so, you'll have to file a certificate of rehabilitation. You need to hire a local criminal attorney.


  3. When it comes to restitution in California, the law is on the side of awarding an amount to alleged victims and then ensuring the defendant pays it. Did you have a restitution hearing in your case? If so I do not forsee the Judge lowering the amount unless you come forward with some evidence showing the amount of loss is actually lower. As you observe in your question I do not think you will get relief from the probation if you have not paid it off. Perhaps you can increase your income to pay it down. Good luck.

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