hi i am on probation in california. i was convicted of arson, i started 2 small fires on tumbleweeds on the side of the road and put them out, no damage. i was sentenced to 1 year county jail and 3 years probation, and victim restitution. (the victim is local police dept, and 1 ATF agent billing me for thier time on my case) i completely disagree with the alleged victims, as they do not meet criteria of VICTIM under the california victims bill of rights. anyway.
i was sentenced nov 18th 2003 spent until march 2004 in jail. got out registared with probation, singed my terms paperwork and met with PO agent. got my restitution court order all in march of 2004.
from march 2004 to july 2006 i was a model probationer. made monthly payments and was on intensive supervision probation all along. frequent visits to po and in full compliance.
in july 2006 po calls me in and tells me my probation ends in nov 2006 to me thats 6 mo. early but he tells me probation starts when i am sentencednothing i ever saw in paperwork told me probation started while i was in jail. when i got out of jail and reported and registared to probation and signed the terms probation started.
how can you be on probation while yer in jail serving out the sentence of 1 year in jail???
so PO also tells me that payments on restitution i have made for 2.5 years are not enough to pay it all off by the end of probation
i am disabled and have been before i was arrested and since i got out i get 1000 a month in SSI soc security. PO new this and i ask if i can do comunity service since i have no money but plenty of time. he said great idiea. ill get back with ya.
on sept12 he call me and says restitution guys says i gotta pay it off or go to court, possibly go to jail.........????
i find out today i got a court date nov 12th and my po is out for long term duration. and i got a new PO(how convinient)
i need held with california penal code reference regarding my restitution and payment in full or probation will be extended or a violation and jail can be imposed.
i all of my paperwork and court orders say pay restitution payments arranged by santa clara county dept of revenue. not by court or by probation or to be paid in full my end of probation,
i am not trying to weassle out of this, but i think the alleged victim is a slap in the face to real victims and no finacial review was done for me and the amout is grossly unfair and envokes undue hardship
the start of probation is in ???
the lack of PO invlovement in supposedly one of the terms of my probation for 2.5 years
in all of my terms and conditions of probation not one!!
states payment of victim restitution be paid in full by end of probation