Legal Question in Criminal Law in California
Restitution question??? Im confused....!
Hi! thanks for your time.
So, Iam in california.
me best friend was arrested in February, and served 4 nights in jail. It is her first offense ever.
She was accused of 2 felonys, and a misdemeanor. Basically she used credit cardds theat werent hers to make online purcheses. The total was $1,190.00.
She has a public defender, and she has been going to court since march. So far all she has done is pay restitution, she has not plead or been sentneced.
My question is why? I was told that you arent supposed to pay restitution until it is ordered, or you are sentenced or somthing.
Why is she paying this then? Her last restitution payment is on July 11th. She is worried that once the final payment has been made they will just put her in jail? Is that likely?
or is she paying the restitution to avoid jail??? PLEASE HELP!!!
2 Answers from Attorneys
Re: Restitution question??? Im confused....!
Your friend should immediately speak with her attorney. Sounds as though she is being afforded an excellent oppurtunity to continue with life un-scathed. That's to say the description of her paying the restitution prior to pleading coincedes with a path i am familiar many times leads to either a dismissal or plea to a lesser charge (probably one not involving moral turpitude....dishonesty and lack of veracity).
If such is the case; then "don't look a gift horse in the mouth."
In sum, she needs to clarify the possible disposition should she finish paying all that is required, and don't "miss a beat" doing all that is required.
This IS a serious crime. Oh, and dont forget (if it proves true that she is receiving leniency) to thank the Public Defender who will have obviously DONE A GOOD JOB at what they're trained to do. Thank you goes a long way for those that many people doubt.
Thanks for letting me be of service.
QSimms
Re: Restitution question??? Im confused....!
Your friend should immediately speak with her attorney. Sounds as though she is being afforded an excellent oppurtunity to continue with life un-scathed. That's to say the description of her paying the restitution prior to pleading coincedes with a path i am familiar many times leads to either a dismissal or plea to a lesser charge (probably one not involving moral turpitude....dishonesty and lack of veracity).
If such is the case; then "don't look a gift horse in the mouth."
In sum, she needs to clarify the possible disposition should she finish paying all that is required, and don't "miss a beat" doing all that is required.
This IS a serious crime. Oh, and dont forget (if it proves true that she is receiving leniency) to thank the Public Defender who will have obviously DONE A GOOD JOB at what they're trained to do. Thank you goes a long way for those that many people doubt.
Thanks for letting me be of service.
QSimms
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