Can’t Make Full Restitution Payment before End of Probation
When a defendant is convicted of a crime, the judge may decide to grant probation in lieu of a jail sentence. However, the defendant is required to abide by the terms of the probation, which may include compensating the victim in restitution for any loss or damages that directly resulted from the crime.
An issue arises when the defendant is unable to fully pay the obligated restitution amount within the given probationary period. If, for whatever reason, you have failed to meet your restitution obligation by the end of your probationary period, the judge has the option to extend probation for up to whatever the maximum jail sentence was for the underlying crime (California Penal Code Section 1203.1).
If the underlying offense carries a maximum sentence of five years or less, the probationary period can only be extended up to five years – it can never exceed the maximum sentence for the crime (Penal Code Section 1203.1(a)). So if a particular crime has a maximum possible sentence of five years, and a three-year probationary period is granted, the judge can only extend probation for another two years.
For crimes in which the maximum sentence exceeds five years, the judge can extend the probationary period beyond the five years, but only up to the maximum sentence.
A termination of probation does not also terminate a restitution order. Therefore, any remaining restitution debt at the end of probation can be pursued as a judgment in a civil action. This means you can be sued in civil court for the remaining amount that you owe.
Also keep in mind that a failure to pay restitution does not result in a probation violation unless the failure to pay was willful (California Penal Code Section 1203(j)).
A probation violation is a serious matter. If you are found to be in breach of the court’s trust by violating a term of probation, you can be arrested and could end up serving the rest of your remaining sentence in jail. The judge can also change the terms of probation to make them more restricting. You should, therefore, seek the legal assistance of an experienced criminal defense attorney if you are accused of violating probation. Our attorneys have over 40 years of experience in handling probation violation cases. Call us today 888-749-0034. We will be there for you when you call.
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