My probation says I have to pay $10,000 a month in restitution. I can't even find a job. I cannot make payments. Can they put me back in jail for probation violation or can they extend my probation?
DUI / DWI Attorney
If the resitution is part of your proabation requirements and it usually is, then they can file an application to accelerate yoour deferred if on a deferred sentence or a motion to revoke your suspended sentence if on a suspended sentence. Once either is filed, thern it is possible to put you on a new sentence which could increase or extend the probation time. They can even put you in jail.
If they file, the court and DA will look at whether you have made any attempt to pay the restitution or find a job. I would recommend making sometime of payment each month even if it isn't a full payment. Also, document your attempts to find a job and be willing to take a lesser job in the meantime if necessary. Take a look at your assets and liabilities and see if there are any assets you can liquidate to go towards restitution. This shows that you are making an attempt to be compliant.
Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.
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