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How does restitution works while on probation ?

Los Angeles, CA |

Im on probation and get off in a few weeks but i havnt paid all of my restitution... Will they let me off probation still ? Can i do community service if i still owe restitution ?

Attorney Answers 4


  1. First, the court generally can't convert restitution payments to community service if is owed to a specific person and not the state . T
    If restitution was part of your probation conditions, then the court could find you in violation of your probation. This generally will not happen unless you haven't made any attempt to pay.
    What generally happens is the court converts it to a civil judgment. This means the person who you owe the money to can enforce a judgment in the civil courts against you after probation has ended.
    This could allow them to place liens on property and bank accounts, or even obtain a garnishment of your wages and tax refunds.
    Best to consult with an attorney who can get into the specifics of your situation.


  2. If during your probation you have made payments and you haven't finished your restitution because of big amount, then the court can either extend your probation or convert it to a civil judgement and terminate your probation.

    You won't get off the hook for restitution and no unfortunately you can convert it to anything because it is money owed to a victim and not to the court or not for punishment so it can't be converted to anything.


  3. If you have otherwise complied with the conditions of your probation, they will likely extend your probation and give you more time to pay off your restitution. If you've had slip ups and only paid a small portion of restitution, they may find you in violation. Either way, you will not be off of probation until you pay off your restitution.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90027


  4. You have many options, but converting to community service isn't one of them. I recommend that you contact your attorney to determine what those options are. Good luck.

    www.YourCriminalDefenseLawyer.com
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    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.

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