Results 1 to 10 of 10
  1. #1
    Join Date
    Nov 2006
    Posts
    5

    Post California Formal Probation and Restitution

    Charged May 2002 (First Offense)

    Defendant placed on formal probation for a period of 5 years under the following terms and conditions: The court orders a supplemental report re defendant's progress on probation.

    In addition:
    The defendant is to pay a restitution fine pursuant to section 1202.4(B) penal code in the amount of $200.00 stayed pending payment of actual restitution.
    Defendant is to make restitution to the victim pursuant to penal code section 1202.4(F), in the amount of $xx,xxx.

    It been 4 years 6 months I have been on Probation. I report to a Probation Officer monthly and make the monthly payments requested of me. Due to the Embezzlement Charges I lost my job in 2003 during a random background check on employees. Since then I can not find a job.

    Can I request to return to court? I have not been in court since my sentence.

    Is it possible the Judge will state time served?

    Can I request for the charges to be changed from a Felony to a Misdemeanor?

    Can these charges be expunged from my record?

    Can the judge add additional time to my Probation since the restitution will not be paid in full due to unemployment?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California Formal Probation and Restitution

    You can ask for anything you want. Unless the offense qualifies as a "wobbler", in which case you should consider consulting a criminal defense lawyer for further assistance, getting the charge reduced is very unlikely. You're not eligible for expungement until you are discharged from probation. If you haven't complied with probation by paying all of your assessments, the judge isn't likely to give you any breaks at all. You may wish to start by discussing your restitution with your probation officer, to see about extending the period of probation for completion of the payoff.

  3. #3
    Join Date
    Nov 2006
    Posts
    5

    Default Re: California Formal Probation and Restitution

    The monthly payments arranged by the Probation Dept. is always paid on time and I have no other violations. I can not find employment. How many more years can the judge add to my Formal 5 year Probation Sentence? I meet all terms of the Probation except I can not pay off the restitution within the next 5 months.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Formal Probation and Restitution

    How much time do you need to pay off your restitution? What percentage of the restitution have you paid off?

  5. #5
    Join Date
    Nov 2006
    Posts
    5

    Post Re: California Formal Probation and Restitution

    Very little of the restitution has been paid off since I can't keep a job or even get a job at this time. I just received a Notice to Probationer/Request for Calendar Date. Resaon for hearing - Modification Apperance. What's is this about?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California Formal Probation and Restitution

    You've told us the most likely explanation - that the court wants to know why you're not living up to your obligations under your sentence by paying the court-ordered restitution. If you want to know for sure, ask your lawyer or inquire with the court.

  7. #7
    Join Date
    Nov 2006
    Posts
    5

    Default Re: California Formal Probation and Restitution

    Spoke with my Probation Officers she requested for the modification hearing. She's requesting for my Probation to be completed and the Restitution be paid back through Civil Suit. Is this possible?

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: California Formal Probation and Restitution

    Why wouldn't it be?

    The prosecutor and possibly the victim will have the opportunity to object to the modification of the sentence, and the judge will decide what to do.

  9. #9
    Join Date
    Nov 2006
    Posts
    5

    Default Re: California Formal Probation and Restitution

    I returned to court and the Probation was discharged. The judge stated that the victim will be informed to file a Civil Suit for the remainder of the restitution. The charge is still a Felony. How long before I can petition the court to have the charges drop to a misdemeanor?

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Formal Probation and Restitution

    If your conviction is to a felony offense which qualifies as a "wobbler", and you granted probation (no prison sentence), you can petition once you have been discharged from probation. See Section 17(b) of the California Penal Code. That does not necessarily mean that the court will grant your petition and, assuming you otherwise qualify, you may wish to consult a lawyer about the timing of your request - it may serve you better to wait for a while before petitioning.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Is There a Difference Between Formal Probation and Banked Formal Probation
    By ashly430 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-15-2010, 09:46 PM
  2. Probation and Parole: Restitution After Probation
    By cajungrl1217 in forum Probation, Parole and Incarceration
    Replies: 5
    Last Post: 03-09-2010, 10:26 AM
  3. Probation and Parole: Probation with Restitution
    By NVF in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 02-06-2010, 09:36 PM
  4. Drunk and Impaired Driving: DUI Charge First Offense While on Formal Probation
    By jnasseau in forum Drunk and Impaired Driving Charges
    Replies: 3
    Last Post: 01-20-2010, 10:09 PM
  5. Probation and Parole: What Is Formal Probation
    By kabuki in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 09-11-2007, 07:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources