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My 53 year old son has served time in jail in the past 10…

Customer Question
My 53 year old...

My 53 year old son has served time in jail in the past 10 years. Both Santa Clara County and San Mateo County keep

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Sending messages demanding payment or he will be arrested and go to jail. They will collect money and say he's clear and the next day demand more. I am his mother and I've given about $15,000 dollars total out for these restitutions. My son is waiting for surgery on his knee which involves a second knee replacement. He can't walk on that leg and the knee is huge. He has a crutch which he has to use to walk. He has no money, no job, no

Lawyer's Assistant: Has anything been filed or reported?

No and we live in San Mateo, CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No except I'm paying and I can't afford to do this anymore.

Submitted: 6 months ago.Category: Family Law
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Customer reply replied 6 months ago
Please get back to me ASAP
Answered in 7 hours by:
12/29/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,791
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

How much restitution was he ordered to pay by each court, you need to find that out first of all. Second, you need to get his public defender to go back to each court to ask the court to waive any further restitution payments based on his physical condition and inability to pay. If you do not get his attorney to return to court to get the restitution waived and it does not get paid, the court will not be very considerate of his condition and will order him returned to jail.

However, courts do frequently waive restitution payments based on the inability of the defendant to pay due to some type of significant financial hardship.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
Well thank you but we don't have an attorney to defend Scott. Thrrefore, we the parents pay out of our pockets. I cannot send Scott back to
Jail now. He has a serious knee replacement surgery coming up.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago

Thank you for your reply.

Get him a public defender or call the state bar and ask for a pro bono attorney in the area. There are attorneys who can assist him at low cost or no cost. Even if you have to pay for a low cost attorney, it is cheaper than what you are paying for him in restitution.

The courts many times will waive or reduce the restitution, the defendant just has to go to court and prove to the court why they should do so and your son, with his medical issues, has good cause for the court to do so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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