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Probation Ends but restitution not paid in full

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by0b

Member
California
I plead no contest to a felony for not reporting my business payroll properly. I lost the business during the recession. My lawyer said it was a great plea because innocent or not, why chance it at trial and end up in jail. I was given 24 months probation, ordered to pay 50,000 restitution to the edd. I didn't have a steady job so the judge accepted a payment of 100.00 per month. My probation ended 1 month ago. I did not receive any notices or anything. There was a lien for the unpaid amount recorded. What now? I can do the math. that's 500 total, less 24 with 476 months left. That's 39 years to go. My probation is over, I make 10.00 per hour with a wife and kid. Can I be put in jail or will they just go away. I did want to clear my record with an expungement but unless I win the lotto I don't think that will never happen. I got in over my head. Can I apply to the court for mercy or should I just lay low.
 


FlyingRon

Senior Member
I'd bristle with the statement that you should plead guilty "innocent or not" just to avoid the risk of jail. However, it appears that you weren't "innocent" at all. Intentionally misreporting tax in California to the tune of over $10,000 makes you guilty of a felony. What happens now is you keep making those rather gracious payment reschedule. Yes, you can be jailed for defying the court.

It's unlikely this will be expungeable. There's no expungement of felony convictions in California. You'd need to get it reduced to a misdemeanor which I doubt is going to happen (even if you did win the lotto).
 

quincy

Senior Member
I'd bristle with the statement that you should plead guilty "innocent or not" just to avoid the risk of jail. However, it appears that you weren't "innocent" at all. Intentionally misreporting tax in California to the tune of over $10,000 makes you guilty of a felony. What happens now is you keep making those rather gracious payment reschedule. Yes, you can be jailed for defying the court.

It's unlikely this will be expungeable. There's no expungement of felony convictions in California. You'd need to get it reduced to a misdemeanor which I doubt is going to happen (even if you did win the lotto).
by0b reported back to his thread last night to let us know that [insert attorney law firm advertisement here] was very helpful and provided by0b with all that he needed to know, including case law out of California.

Because of the advertisement, the post was removed - but I suppose it could be returned at some point in time minus the ad.
 
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