Legal Question in Criminal Law in California

court ordered restitution

pled nolo to theft of utilities (m) 2003 & recieved 8 years summary probation and restitution to them of $1100.00. Am 70 years old and it is a great hardship to make payments (balance $900.). Is there any way to ask court to ''forgive'' balance of debt? Also, I just recently became aware of the excessive (8 years) amount of probation. Had no past record either civil or criminal! Can that be reduced?


Asked on 12/07/08, 4:06 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: court ordered restitution

You should make a motion, preferably through an attorney, to terminate your probation immediately because its length has clearly been illegal.

Once probation is terminated, the court will no longer have the jurisdiction to enforce any restitution orders against you. The case will be closed. You will never be able to expunge your conviction if you leave restitution unpaid but this seems to be a lesser concern.

Asking the court to forgive restitution is a waste of time. Your only grounds to have the payments reduced (but probably not entirely eliminated) would be to claim inability to pay.

Go with the probation termination option. If you cannot afford private counsel to handle this for you, call the Public Defender's office. They should help you.

Regards.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 12/07/08, 3:03 pm


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