In 1 week 5 year probation will end.making restitution payments owe 45K live on$ 1.050. mo. social security what will happen

Asked 8 months ago - Pismo Beach, CA

Started out at $35.00 month payments and they have been threatning to send me to the Judge on probation violation if I did not pay more. Have been doing this to me over the past 5 years now paying $200. month on $1,050 social security income. I,m in very poor health and 70 years old. what will happen now that I still owe money and will never be able to pay off. I now have to live with Son and grand kids.

Attorney answers (4)

  1. Angela M Berry-Jacoby

    Contributor Level 12

    4

    Lawyers agree

    Answered . First of all, you can only be found in violation of your probation if the judge finds that you have willfully failed to pay. We don't have debtor's prison. If no violation is alleged and then found, your probation will simply expire. The "victims" can get a civil judgment. The practical outcome for you is that you will not be able to get Penal Code section 1203.4 (expungment) relief because you did not successfully complete all the terms of your probation, specifically, the restitution order.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . My California colleague is correct. You can only be held in violation of probation if you willfully failed to follow the terms of your sentence. In your situation it does not seem like you did.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I suggest contacting your prior attorney to ask the court to terminate the payments. I have been successful in doing so for people in your position in the past, so it is difficult but not impossible. I wish you the best.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Mikel Edward Lupisella

    Contributor Level 14

    3

    Lawyers agree

    Answered . I think the person that may be able to answer this question the best is your probation officer because he/she, obviously, knows the specifics of your probation, the Court Order and the specifics of your crime/case.
    The fact that they haven't violated you in 5 years is, obviously, a good thing.

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