Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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If your probation ends and you still owe restitution the debt does not go away. Under California Penal Code 1214, any victim restitution that remains unpaid when probation ends, is enforceable against the defendant as if it were a civil money judgment.
Restitution still owing when probation ends is enforceable as a civil money judgment and the person you owe it to could begin collection proceedings
In addition, in civil judgment collection proceedings:
There are two types of restitution that every person convicted of a crime in California must be ordered to pay:
Restitution fines are punishment and based upon the seriousness of the crime:
Victim restitution is ordered to reimburse crime victims for any economic losses suffered resulting from the defendant’s criminal conduct.
The defendant has the right to a restitution hearing if he or she disputes the victim’s losses.
In every case in which the defendant is granted probation, the court must make the payment of restitution fines and victim restitution orders a condition of probation.
The two types of restitution in California criminal cases are:
Victim restitution is ordered whenever any victim has suffered economic losses as a result of the defendant’s conduct.
Examples of the types of losses for which victim restitution can be ordered include:
Restitution fines are considered a punishment and are payable to the state Restitution Fund. They are set by the judge based upon the facts of the case and the seriousness of the crime.
A judge can waive a restitution fine if there are compelling and extraordinary reasons to do so. Inability to pay is not considered a compelling or extraordinary reason.
Please note, in addition to restitution fines the judge may be allowed to order certain court fees, penalties, and other assessments depending on the type of charges.
At sentencing, the judge will often say, “The Court orders victim restitution in an amount to be determined.” The defendant must file with the court an asset disclosure form identifying all of their:
A copy of the form is made available to any victims and the Restitution Fund board.
If victims make a claim for losses, the defendant can
At the restitution hearing the judge will:
Afterwards, the judge will issue a written order for victim restitution which must:
If the defendant does not pay the restitution they could be found in violation of probation (during the probation period).
After probation ends any unpaid victim restitution is only enforceable as a civil money judgment.
Unpaid civil judgments increase by the rate of 10% a year.
If you do NOT pay a civil money judgment the creditor can start collection proceedings and:
It is IMPORTANT in every criminal case to be represented by an experienced criminal attorney who can advise on how to legally limit the amount of money you will be ordered to pay in fees, fines, and restitution.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.