Home > Research Legal Advice > Criminal Defense > How do you terminate state probation for misdemeanor when victim unwilli...
Asked 3 months ago - Temecula, CA
FlagI am a civil attorney with no experience in criminal law. My family law client was convicted (misdemeanor) for vandalism of a television in her own home b/c the television was owned by her estranged adult daughter. She has complied with all terms of probation (14 months in), paid all fines and fees, etc. The only obstacle is that her estranged daughter will not cooperate in receiving and/or waiving restitution of about $250-$500. She refuses to communicate or cooperate. As a result, my client cannot terminate probation in order to reinstate her nursing license to become employed. She is between the rock and a hard place. Is there a way to compel restitution, post bond, etc. so that she can terminate her probation. Thank you for your time.
In addition to what Mr. Driessen stated . . . . A victim has a California constitutional right to restitution. It sounds like she is being deliberately obstinate about this knowing the effect it will have on your client.
You can deal directly with the DA on this. But here is a suggestion, which my colleagues will undoubtedly weigh in on for you: have the restitution converted to a civil judgment. That removes it from the realm of the criminal justice system. A defendant is not supposed to be kept on probation simply because the restitution has not been paid. If all other conditions and obligations have been fulfilled by the conclusion of the probationary period, the unpaid amount converts to a civil judgment like any other unsecured debt.
Criminal restitution is handled through the courts. Typically the court has a victim witness office that coordinates restitution payments. This makes sense because you do not want a criminal to have any further contact with a victim. I have never seen a restitution order where the defendant was to be in contact with the victim. I would go to the criminal court with the restitution amount (this should be a set amount ordered by the court) and make the payment at the courthouse.
Robert Driessen
In addition to the suggestions of the other attorneys, some district attorney offices have a victim advocate type position that follows up with the payment of restitution. It might be a good idea to give the DA a call to inquire, and you may be able to go thought them. If you haven't already, you could also put her case on calendar and explain her situation to the judge. She is entitled to a hearing on the restitution amount, so perhaps the judge could set such a hearing. Good luck.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary