Legal Question in Criminal Law in California

I was charged with a misdemeanor possession of stolen property and I have been convicted I completed my work release and i am still on probation and I have to pay a victim restitution. I paid on that a few times but stopped because i am out of work and cannot pay and i now have a notice for Failure to Comply. I will be going to court soon and was wondering if it was possible to ask the judge if I could turn my Fine into community service?

Asked on 10/09/12, 12:00 pm

1 Answer from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law
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you can ask anything of course ... it is not likely to be granted. Restitution is to make a "victim" whole, so community service does not help them any.

Even for court fines, it is more likely to be granted if an attorney is asking for you ;) In that case, it depends probably on your reason /explanation of not being able to pay, and how long you let it go.

For restitution you cannot get community service, it would defeat the purpose of restitution, and just in general courts are much more lenient when people come in before rather than after a deadline. Good luck!

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10/09/12, 6:31 pm

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