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    Eneyda's Avatar
    Eneyda Posts: 4, Reputation: 1
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    #1

    Nov 23, 2010, 01:28 AM
    Is a person facing a life sentense not required to pay restitution?
    Someone I know has recently been sentenced to life in prison; he doesn't want to pay restitution and has no way of paying it, especially since he will be in prison for a very long time. Someone told him that a person facing a life sentence does not have to pay any restitution. They also told him that the information is in the Penal Code. Is this true? I have been searching, but have found nothing. Does someone know?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 23, 2010, 01:43 AM
    Quote Originally Posted by Eneyda View Post
    ...They also told him that the information is in the Penal Code. Is this true? ...
    Which penal code? (It would be a specific state.)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 23, 2010, 04:56 AM

    ANY question about law needs to include your general locale as laws vary by area.

    Restitution is generally up to the judge's discretion as part of sentencing laws. If the judge orders restitution then the convicted person has to try to the best of their ability to make restitution. You can't get blood from a stone.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 23, 2010, 05:53 AM
    Quote Originally Posted by Eneyda View Post
    Is this true?
    Hello E:

    No.

    excon
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    Eneyda Posts: 4, Reputation: 1
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    #5

    Nov 24, 2010, 03:19 AM

    AK Lawyer, the state is California, and I have no idea on which penal code. All he told me was that it was on the penal code.

    Scott Gem, the state is California.
    This person is also an indegent, how can this person pay?
    Thank you both for your answers.

    excon Expert, I didn't quite understand your answer.

    Thank you all. What else do you need to know. I don't know what else you need, to answer my question. Please let me know.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 24, 2010, 04:36 AM
    Quote Originally Posted by Eneyda View Post
    This person is also an indegent, how can this person pay?
    There is a difference between being required to pay and actually paying. As I said, you can't get blood from a stone. This is similar to a 75 yr old with terminal cancer being sentenced to 25 yrs. The judge knows he isn't going to live that long, but the punishment for his crime dictates the sentence. The judge may have imposed the restitution as part of his sentence fully realizing that there is no way he can pay it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Nov 24, 2010, 05:06 AM
    Quote Originally Posted by Eneyda View Post
    AK Lawyer, the state is California, and I have no idea on which penal code. ...
    Ah. But there is only one California Penal code. :)

    I looked in this part of the code, but didn't find what you are asking about.
    Eneyda's Avatar
    Eneyda Posts: 4, Reputation: 1
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    #8

    Nov 28, 2010, 02:46 AM

    He has not been ordered to pay yet, that will happen on his next court date. Right now we are trying to find a way to argue this to the judge. The lawyer he has now says, there is nothing that can be done. What do you say? What would be the best argument?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Nov 28, 2010, 06:51 AM
    Quote Originally Posted by Eneyda View Post
    excon Expert, I didn't quite understand your answer.
    Quote Originally Posted by Eneyda View Post
    He has not been ordered to pay yet. Right now we are trying to find a way to argue this to the judge. The lawyer he has now says, there is nothing that can be done. What would be the best argument?
    Hello again, E:

    You asked if IT WAS TRUE that a person with life is NOT required to pay restitution.. My answer was clear. I said NO, it's NOT true. Consequently, there's NO argument you can make that will make it true. I would listen to your lawyer...

    Frankly, I don't know WHY you're worried about MONEY when he's is going away for LIFE. Money would be the LAST thing on my mind. However, there IS some good news, on that front. If after he's released, and CAN'T pay, but has made an effort to pay, he won't be violated.

    So, the problem you're worried about won't occur for many years. Worry about it then. There's BIGGER problems to deal with.

    excon
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    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Nov 28, 2010, 06:56 AM

    I have to agree with excon. Poverty is not going to be a valid defense. If the law says he has to make restitution then there is no argument to make that will change that. But being ordered to pay and being able to pay are two different things. Since he is going away for life and has no assets or income to make restitution it's a paper sentence. If he buys a lottery ticket and wins, they can take it, but, otherwise there is nothing more they can do but order it.

    I really don't understand why this is such a big issue to you. What was he convicted of that he has to make restitution for?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Nov 28, 2010, 07:55 AM

    They will be ordered to pay, there is no way to stop a judge from ordering it.

    Obviously in prison there is no way for anyone to pay this, so it just does not get paid, Latter if and when they ever get out of prison, they will still owe the debt, and if on parole, a payment plan will be set up.
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