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Victim Restitution And End Of Probation

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  • 10-10-2006, 05:04 PM
    CJ_LOTTI
    Victim Restitution And End Of Probation
    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

    please help!!!

    cj
  • 10-12-2006, 08:43 PM
    Mr. Knowitall
    Re: Victim Restitution And End Of Probation
    Discuss the possibility with your new P.O. of having the probation extended, if necessary, such that you can continue to pay off the restitution in monthly amounts you can afford.
  • 10-15-2006, 08:59 AM
    cdwjava
    Re: Victim Restitution And End Of Probation
    Restitution comes in many forms - one of which is to compensate the responding agencies for their time and materials. If you disagree with having to pay the ATF or the police, then take it up with the California legislature as THEY have decided who has a right to compensation when a party is convicted.

    If you do not think an appropriate review was made of your financial situation, you might consider hiring an attorney to review the matter. If you cannot afford an attorney, you are in a pretty bad place and you might have to wait until your court date to plead your case.

    As for when probation started, it is my understanding that it begins when you end custody ... but since I am not a probation officer, I really don't know for sure. In any event, the terms of your sentence are not complete until you make the appropriate payments as ordered by the court because of your conviction. If you do not make the payments or other arranged compensation, then you could find yourself back in custody ... depending on the details of who you owe money to. There ARE some forms of payments that they cannot incarcerate you for not paying, and it really depends on what statute they are authorizing the restitution under.


    - Carl
  • 11-02-2006, 02:07 PM
    CJ_LOTTI
    Re: Victim Restitution And End Of Probation
    Quote:

    Quoting cdwjava
    View Post
    Restitution comes in many forms - one of which is to compensate the responding agencies for their time and materials. If you disagree with having to pay the ATF or the police, then take it up with the California legislature as THEY have decided who has a right to compensation when a party is convicted.

    If you do not think an appropriate review was made of your financial situation, you might consider hiring an attorney to review the matter. If you cannot afford an attorney, you are in a pretty bad place and you might have to wait until your court date to plead your case.

    As for when probation started, it is my understanding that it begins when you end custody ... but since I am not a probation officer, I really don't know for sure. In any event, the terms of your sentence are not complete until you make the appropriate payments as ordered by the court because of your conviction. If you do not make the payments or other arranged compensation, then you could find yourself back in custody ... depending on the details of who you owe money to. There ARE some forms of payments that they cannot incarcerate you for not paying, and it really depends on what statute they are authorizing the restitution under.


    - Carl


    thanks for reply,

    yeah i have an appt with public defender on 9 nov regarding my nov 16th court date,
    per my court order any unpaid victim restitution will be constituted as a civil judgement and be collected as so.
    as i said if vic. rest. and the deadline to be paid in full was by end of 3 year probation, wouldnt it be stated in terms and conditions. and po dept with the dept of revenue make a payment amount monthly plan from day 1,
    there was none, andsince i made monthly payments for 2.8 years
    now at the end of probation intensive supervision formal, po tells me payments were not enough to have rest. paid in full by end of pro.
    obviously po did not monitor my payments for 2.8 years. DOR had no problem taking my money or report me as non compliant.
    i feel i have been set up to fail and some one has dropped the ball, because i cant fix this unless i know its broken. i should have been violated years ago
  • 11-02-2006, 02:44 PM
    cdwjava
    Re: Victim Restitution And End Of Probation
    It is your responsibility to complete the terms of yoursentence, not theirs. If you had not yet paid the full amount of restitution then you would not have completed those terms. The courts do not treat probationers like small children to be led around by the hand.

    Your options would seem to be clear: Pay the balance of the restitution to clear probation ... or, serve time or community service as appropriate to pay off the balance of the debt ... or, hire an attorney to try and fight a likely losing battle.

    - Carl
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