What will happen if Im on formal probation in the state of CA for embezzelment and my probation is up in 4 months, but I still owe almost all of my restitution? I get different answers from several POs Ive had. Two of them told me to continue paying after my probation period is up and that I will never have to go back to court. Another told me that I should put myself on calendar and have my probation extended because if I still owe the money I will have a civil judgement against me and that a warrant will go out for my arrest. Im unemployed and recieve unemployment benefits I pay what I can because I am a diabetic and insulin is expensive since I have no coverage. I have complied with all the other terms of probation except the financial part.
Criminal Defense Attorney
Keep paying the restitution amount every month that you have been paying. If you haven't paid because you have not money, then don't pay. STOP ASKING THE PO's for advice. PO's are cops who hate you and want you to stay on probation and laugh when you go to jail.
Once your probation period is over you cannot go to jail for not paying. Now, if they request to extend your probation, you need to ask for an attorney. I would not want my client to extend their probation if the only issue was failure to pay restitution. The fact that you did not deliberately evade your responsibilities tells me the court may not extend your probation anyway.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
I listened on line for an update on restitution in California this past Wednesday.
Two important points were made.
I asked about extending probation if the amount owed is huge and was informed, NO, its contrary to law to do this.
I am told that direct restituion between the criminal actor and the person receiving restitution makes it nondischargeable in bankruptcy.
When you connect these two data points it tells you that you can end probation owing HUGE sums that you cannot discharge in bankruptcy,; and; that you will forever have your possessions in excess of the state debtor deficiencies subject to seizure.
It is important for a convicted persons attorney to put on his PERSONAL INJURY defense hat and do everything in his power to refute high amounts urged by the victim and prosecutor.
Its a terrible mess of a system to leave something potentially over someone's head for life.
IRS just took federal restitution in as a general tax assessment and you can lose your tax refund IN ADDITION to your regular payments you make faithfully.
FTB/BOE has not arrived at that solution................YET. But watch for it.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Criminal Defense Attorney
You don't extend your probation. Whatever's remaining after probation, will become a civil judgment. They can't issue an arrest warrant on a civil judgment, but it will affect your credit rating and they can go after any assets or income that you might have, just as if they had won a lawsuit against you.