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  1. #1
    Join Date
    Jun 2013
    Posts
    1

    Default Required to Pay Restitution Even After Discharge from Probation

    My question involves criminal law for the state of: California

    I worked for a NP Corporation, and was was convicted of embezzlement and filing false tax returns back in 2007. I was ordered to 5 years probation and restitution to the victim and the Franchise Tax Board. I originallly was ordered to pay 750/month, but went back to court to get it reduced when the FTB garnished my wages. The judge ordered the amount to 350 to be paid to the victim only. I successfully completed probation, never missed a payment. This past year I paid off the FTB and the garnishment was stopped. Since probation was also done, I starting paying 100 a month to Court Compliance.

    Several months ago Court compliance called and said that I needed to be paying the 750 or 350 per month. I asked what jurisdiction they held over the payment as the probation was done, and also asked at the time who they were paying the restitution to. The Corporation was dissolved in 2008 and I wondered where my money was going. They let me know that they were paying Cal Mortgage, as the facility where I worked sent the payments back and directed them to pay them. I do not believe that Cal Mortgage is a direct victim. They were responsible for insuring the funds to get the facility built back in 1993 and 1991. The facility was eventually sold, the Corporation I worked for dissolved, and the insurance bonds were partially paid and written off (after my conviction).

    Court compliance called me again recently and wanted me to get back on calendar and get the amount owed reduced since the FTB portion is paid off. I believe I have an argument to get the entire amount set aside, since they are not paying a direct victim and there is no direct victim now. I also believe that Court compliance is negligent for this as they just started mailing the payments (6 years worth) to Cal Mortgage without ever checking into the direct victim aspect.

    Any thoughts? Any help would be appreciated. Thank you!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Required to Pay Restitution Even After Discharge from Probation

    You have still not completed court ordered restitution. If you are going to stir up the sewage treatment plant, I suggest you hire a lawyer so they do not consider the terms of parole violated. You have not been officially released yet, correct?

  3. #3
    Join Date
    Jun 2013
    Location
    California
    Posts
    27

    Default Re: Required to Pay Restitution Even After Discharge from Probation

    The restitution order the court made at sentencing is still in effect and you are still obliged to pay it even though you are off probation. CA Penal Code 1202.4(m) states: "Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied." If the victim no longer exists or the wrong victim is receiving the restitution, your only recourse is for your attorney to set your case for a hearing in superior court on modification of the restitution order at which you can present the necessary evidence. Court compliance has no authority to modify the restitution order, only the court does.

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