What are the options for a felon non-compliant with court ordered restitution? 6 Answers as of April 24, 2011

The offender was charged with a felony assault and ordered to pay restitution in California. He is not complying with the order. The DA states there has to be proof he has the means but is unwilling to comply. This was his punishment as opposed to jail time. Where is the justice in this?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Failure to pay victim restitution is a violation of probation resulting in possible prison time. It is true that the defendant must have the ability to pay. If you believe he has not been diligent you should contact his probation officer and discuss the possibility of that office filing a probation violation.
Answer Applies to: California
Replied: 4/24/2011
California Criminal Defense Center
California Criminal Defense Center | Ardalon Fakhimi
Typically, restitution to the victim is required as part of the plea agreement and is a condition of the defendant's probation. Failure to pay the restitution may be deemed a probation violation if the person is unwilling to pay. If the matter was a felony, often times the probation officer assigned to the case can play an instrumental role to ensure compliance with the restitution order. Alternatively, you may have grounds for a civil lawsuit against the person.
Answer Applies to: California
Replied: 4/22/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Complain to his probation officer and the DA who handled the case. There is a good chance he will be brought back into court and getjail time AND the restitution order will stay in effect.If you get no where with PO and DA, write Judge directly - not a long rambling letter with the guys name AND his case number> A couple of sentences: "You sentenced Joe to restitution and probation on [date]. He refuses to comply withyour orderdespite having the financial means to do so. He tells people he won't comply with your order as there is nothing you can do." good luck. Let me know what happens.
Answer Applies to: California
Replied: 4/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Justice is in the eye of the beholder. A victim is seldom satisfied with the outcome of criminal cases. There is nothing preventing you from filing suit against the defendant and seeking a money judgment, which you can then try to collect on, if you can find any assets or income. Just dont spend a fortune chasing someone with nothing.
Answer Applies to: California
Replied: 4/22/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
I can certainly understand your frustration. That being said, restitution is often ordered in cases where there is a financial loss of some sort. Even though restitution is ordered, that doesn't necessarily mean it is going to be paid if there is no means to pay it. However, defendant does have the means or represented that they did in order to avoid jail, then their failure to pay may be a violation of that agreement. In any case, you need to speak with the DA about those issues. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 4/22/2011
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