What is the test for revocation of probation for failing to pay restitution?

California, United States of America


The following excerpt is from People v. Self, 233 Cal.App.3d 414, 284 Cal.Rptr. 458 (Cal. App. 1991):

Because the issues of ability and willful failure to pay relate to the factual determination whether defendant violated her probation, rather than to whether, in the trial court's discretion, the interests of justice require revocation, I am unpersuaded by the dicta of People v. Ryan (1988) 203 Cal.App.3d 189, 199, 249 Cal.Rptr. 750, which the majority cite for the proposition that the trial court must make an express finding that a probationer has the ability to pay restitution before it can revoke probation for the failure to pay same.

Other Questions


What is the test for revocation of probation for a defendant on probation for failing to pay restitution? (California, United States of America)
How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)
Does a restitution fine imposed at the time of probation survive the revocation of probation? (California, United States of America)
Does a defendant breach his probation by failing to pay restitution owed to him by the probation officer? (California, United States of America)
What is the consequence of a finding that a defendant violated probation for failing to report to probation and failing to submit to drug testing, using drugs, and driving under the influence? (California, United States of America)
Does the probation revocation restitution fine imposed on a convicted criminal be stayed unless probation is revoked? (California, United States of America)
What is the sole argument raised by defendant on appeal against his probation for failing to report to his probation officer? (California, United States of America)
Is restitution a condition of probation under section 1203.1 of the California Probation Act? (California, United States of America)
Can a probation officer request that appellant be released from probation even though appellant was on probation? (California, United States of America)
Does a judge have authority to order a second restitution fine upon revocation of probation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.