Failure To Pay Restitution
If you are going to fail to pay the restitution that was ordered by the court, you are going to automatically violate the contract between you and the District Attorney’s office. In case you were taken in to custody, it implies that you should remain behind bars until the case is closed. In case you were arrested, but not put behind bars, the D.A. is probably implying that you should be more serious about this case. Most of the time people get arrested if they did not pay at all, made only partial payments or were late with their payment.
Understanding Restitution in Los Angeles
Restitution in criminal law refers to the compensation for loss or damage that the defendant is ordered to pay to the victim. In Los Angeles, failing to comply with these court orders can lead to severe repercussions, including additional fines or even incarceration. It is essential for individuals accused of such failures to understand their legal rights and the defenses available to them.
Revoking Probation For Non-Paid Restitution
If you did not pay the restitution, District Attorney will have every right to revoke your probation. Whether your probation will be revoked or not is up to the court. In this case, you will be facing very severe penalties, including a long time behind bars. There are certain exceptions, but the judge will be obliged to subtract the time that you spent behind bars already as well as the money you paid from the penalties.
In many cases, your probation officer will be present at the hearing. He or she will testify regarding your payments as well as social changes in your life. In case the judge will be notified that there is little to no progress in your life, you may also be facing some serious legal penalties.
Strategies for Defending Against Failure to Pay Restitution
Evaluating Financial Capacity
A primary defense revolves around the accused’s financial capacity. An adept criminal attorney can argue that the failure to pay was not willful but stemmed from genuine financial hardships. Detailed financial statements and evidence of diligent effort to meet financial obligations can bolster this defense.
Negotiating with the Prosecution
Negotiation is a powerful tool in the legal arsenal. Skilled criminal attorneys in Los Angeles can engage with the prosecution to reevaluate the restitution amount or to devise a more feasible payment plan. This approach not only demonstrates the defendant’s willingness to comply but can also lead to a more manageable resolution.
Challenging the Restitution Calculation
The calculation of restitution can sometimes be flawed or inflated. In such cases, it is crucial to challenge these figures. An experienced attorney can scrutinize the methodology used in determining the restitution amount and argue for a reduction based on factual inaccuracies or miscalculations.
Exploring Legal Exemptions
Certain legal exemptions may apply to individuals facing restitution orders. For example, bankruptcy filings can sometimes impact restitution obligations. A knowledgeable attorney can provide advice on whether such exemptions could be applicable and assist in navigating the complex interplay between criminal and bankruptcy law.
Proving Compliance Efforts
Demonstrating proactive efforts to comply with restitution orders can significantly impact the defense. This can include partial payments, attempts to secure loans, or engaging in financial counseling. Such actions show the court that the defendant is not neglecting their obligations outright but facing genuine obstacles.
Dealing With Restitution Non-Payment Issues
If you wish to deal with the legal consequences of restitution non-payment properly, you will first need to get in touch with an experienced criminal defense lawyer. A qualified attorney will try to come up with a settlement that would satisfy the victim and the court. In case he will succeed, the D.A. will drop all charges and the case will be closed.
If you are working with your lawyer on your case, it is important to ask the judge for three things, including release from incarceration, light penalties or no penalties at all for your probation violation as well as a court order that will allow you to stop making restitution payments. Of course, it is a time of unstable economic climate and it all may hit you hard; however, you will be avoiding even more serious consequences. One way or the other, a good attorney is a key to winning the case so make sure you hire one ASAP. If you failed to pay your court fees on time, contact us now!
Related Pages: Failure To Perform Community Service | Failure To Report To Probation Officer