My jurisdiction is: California
My question involves criminal law for the state of: California
I was convicted of embezzlement in 1999. I was discharged from probation in 2002. I had been paying restitution but stopped. I have three questions.
In California the victim can use Civil Assessment Judgment as a remedy to compel me to satisfy superior court criminal restitution if the court is not able to.
Here is my 1st question. Can I settle with the victim (through an attorney) for an amount less than the stated restitution and have them sign a satisfaction of judgment. Can I then file this with the court to relieve me of my restitution order with them?
It seems that this has never been addressed.
Or #2, can I enter into some type of written settlement with the victim for less than the restitution amount (that the victim feels makes them whole) and petition the Superior Court for relief from the original criminal restitution order?
Is there any case law that disallows this?
#3.
Do I have to wait until restitution is completely paid before I can file for a 17b reduction of charges or is having completed my probation 6 years ago sufficient. What about a 1203.4 filing to dismiss.
My question involves criminal law for the state of: California
I was convicted of embezzlement in 1999. I was discharged from probation in 2002. I had been paying restitution but stopped. I have three questions.
In California the victim can use Civil Assessment Judgment as a remedy to compel me to satisfy superior court criminal restitution if the court is not able to.
Here is my 1st question. Can I settle with the victim (through an attorney) for an amount less than the stated restitution and have them sign a satisfaction of judgment. Can I then file this with the court to relieve me of my restitution order with them?
It seems that this has never been addressed.
Or #2, can I enter into some type of written settlement with the victim for less than the restitution amount (that the victim feels makes them whole) and petition the Superior Court for relief from the original criminal restitution order?
Is there any case law that disallows this?
#3.
Do I have to wait until restitution is completely paid before I can file for a 17b reduction of charges or is having completed my probation 6 years ago sufficient. What about a 1203.4 filing to dismiss.
