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Old 06-17-2007, 05:55 AM
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cmac2012 cmac2012 is offline
Renaissances Dude
 
Join Date: Dec 2004
Location: Redwood City, CA
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Quote:
Originally Posted by Jim B. View Post
The defendant's facial expressions in Court at the moment of sentence are not important, as the Judge will simply be about to recite the terms and conditions of the previously negotiated disposition. A direct expression of contempt to the Judge personally, might be another matter, depending on the Judge.

The only subsequent enforcement tool that is available is that
the Judge can threaten to revoke probation and send the perpetrator to State Prison. (It is up to the Probation department and the DA to track restitution, and frankly, their caseloads are so huge that this isn't much of a priority for them).

But that outcome erases the obligation to pay any further restitution.

It hardly ever happens though. Fines and probationary costs, (typically
conditions of all grants-probation in California) are paid by the defendant in no more than 5% (at most) cases!

Obtaining restitution in full for out of pocket losses is, in the end, little more than a dream, generally.
I can only imagine that facial expressions wouldn't have a lot of weight though the judge did admonish the perp for it.

Since getting any restitution out of her is almost certainly in the blood from a stone category, seems like at least 6 mos. to a year would be appropriate. Could well be, though, that the jails are already having to turn away more serious criminals -- serious as in personal violence.
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