My question involves criminal law for the state of: California (Federal case - wire fraud - one count)
I am currently 6 months into my supervised probation (of 3 years) for a single wire fraud offense (with one victim) where I served 9 months in a federal prison camp. I was able to obtain a decent job within weeks of being released from the camp. At my sentencing, my judge set a restitution payment amount of $100 per month post incarceration based on my PSR (when I was making 35% more prior to incarceration and didn't have daycare expenses at the time of sentencing). Since month one of my supervised probation, I have been making my scheduled restitution payment on time. Also, as of last month, my victim's insurance company sued me in civil court since my victim was made whole by the insurance company. The insurance company sued me to get the restitution payments redirected to them. The insurance company and I have come to a stipulation of judgement in civil court for my full restitution amount ($200k) to be paid to them at $100 per month (same as my criminal judge ordered at the time of my sentencing).
Just a few weeks ago, I was assigned a new probation officer. The new PO called me last week and told me that I will have to double my restitution payment to $200 next month before the PO will even contemplate approving my future travel requests. That since I was getting ready to travel last weekend to take my kids to see my parents, that I should ask my parents for the additional $100 payment for me to pay my restitution if they wanted to see my kids. I told the PO that I was uncomfortable with that since I felt it would be extorting my children to my parents and that I was not going to do that. The PO told me that it wasn't extortion and if I wanted to travel that I would have to pay more because travel on probation was a privilege. I understand that travel is a privilege and that paying my restitution is an important part of the rehabilitation process. But, withholding my children from my parents to get them to give me money to me is just wrong.
My questions are:
1) Does my PO have the authority to increase my monthly restitution payment after my criminal judge and a civil judge have both ordered me to pay $100 a month? Especially since my financial circumstances are a lot worse than what they were at the time of my sentencing?
2) How do I go about pushing back to the PO without being in violation of my probation?
I just want to know if my PO can force me to pay more than what the judge(s) already ordered me to pay. I have two different judgements in my hand (one criminal and one civil) both saying the same exact thing...pay $100 per month. I am already scrambling to see what I can sell at garage sales and online to just attempt to come up with an extra $100 for this next month. Right now, I am attempting to sell my children's stroller and other baby items just to try to make some money for my restitution. I am already working 2 jobs full-time and going to school full-time (for free on a grant). I am afraid that if I do make this extra payment that it will set a precedence and the PO will say, "If you can pay $200 last month, then you can start to pay $200+ every month."
I am currently 6 months into my supervised probation (of 3 years) for a single wire fraud offense (with one victim) where I served 9 months in a federal prison camp. I was able to obtain a decent job within weeks of being released from the camp. At my sentencing, my judge set a restitution payment amount of $100 per month post incarceration based on my PSR (when I was making 35% more prior to incarceration and didn't have daycare expenses at the time of sentencing). Since month one of my supervised probation, I have been making my scheduled restitution payment on time. Also, as of last month, my victim's insurance company sued me in civil court since my victim was made whole by the insurance company. The insurance company sued me to get the restitution payments redirected to them. The insurance company and I have come to a stipulation of judgement in civil court for my full restitution amount ($200k) to be paid to them at $100 per month (same as my criminal judge ordered at the time of my sentencing).
Just a few weeks ago, I was assigned a new probation officer. The new PO called me last week and told me that I will have to double my restitution payment to $200 next month before the PO will even contemplate approving my future travel requests. That since I was getting ready to travel last weekend to take my kids to see my parents, that I should ask my parents for the additional $100 payment for me to pay my restitution if they wanted to see my kids. I told the PO that I was uncomfortable with that since I felt it would be extorting my children to my parents and that I was not going to do that. The PO told me that it wasn't extortion and if I wanted to travel that I would have to pay more because travel on probation was a privilege. I understand that travel is a privilege and that paying my restitution is an important part of the rehabilitation process. But, withholding my children from my parents to get them to give me money to me is just wrong.
My questions are:
1) Does my PO have the authority to increase my monthly restitution payment after my criminal judge and a civil judge have both ordered me to pay $100 a month? Especially since my financial circumstances are a lot worse than what they were at the time of my sentencing?
2) How do I go about pushing back to the PO without being in violation of my probation?
I just want to know if my PO can force me to pay more than what the judge(s) already ordered me to pay. I have two different judgements in my hand (one criminal and one civil) both saying the same exact thing...pay $100 per month. I am already scrambling to see what I can sell at garage sales and online to just attempt to come up with an extra $100 for this next month. Right now, I am attempting to sell my children's stroller and other baby items just to try to make some money for my restitution. I am already working 2 jobs full-time and going to school full-time (for free on a grant). I am afraid that if I do make this extra payment that it will set a precedence and the PO will say, "If you can pay $200 last month, then you can start to pay $200+ every month."
Probation and Parole: Can a Probation Officer Increase Your Restitution Payments
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