Andy is now in violation of his probation…again. In September, the court gave Andy a two-month reduction in his restitution payments from $500 to $250 per month. He paid in September to avoid going to jail right away and promised to pay $250 in October, then to go back to $500 in November. The court agreed to give Andy a temporary reduction because Andy claimed his daughter had a “orthodontic emergency”.
Bottom line, Andy skipped the reduced October payment and is not late on the November payment as well. That’s a bad thing. According to the violation report, Andy has until October 4th to come current or he will be forced to appear again before Judge Connors and explain why. Note: “explain why” will be an especially difficult task this time because (a) the judge displayed incredible leniency in granting Andy a two month reprieve in the first place and (b) Judge Connors said very clearly in the last hearing that Andy needs to accelerate his payments and/or come up with a way to pay the full restitution in bulk soon or else. Andy walking into court and claiming that he needs even more time and more leniency to pay his obligations isn’t going to go over very well.
I’ll post again after October 4th when the court decide what to do next. It’ll probably start with a warrant for his arrest.
UPDATE: Andy called the court on December 4th (just in the nick of time) and explained that ORS is now garnishing 50% of his wages and so he can’t make payments anymore. Andy was told to contact Judge Connors if he’s seeking a different order to pay (not likely to be approved) and to contact his attorney to prepare for his next court date.
Andy’s attorney explained that Andy will likely now be referred to the Office of State Debt Collection while Judge Connors decides what else to do with him. The likeliest outcome here is that Andy will spend some time in jail (I’m thinking 3-6 months) for violating the conditions of his probation (again) and then OSDC will garnish the remainder of Andy’s meager salary (if he still has a job when he gets out of jail) to satisfy his obligations under case 111701135.
In the meantime, Andy STILL has not contacted the Utah Department of Securities (the “SEC” as Andy calls them) to make arrangements to pay the $16,250 he owes them for his securities fraud. It seems the steaming pile is growing on top of Andy every minute. If both debts go to OSDC before Andy works out a payment arrangement that he can adhere to, it will likely mean even more garnishments and more fees and Andy won’t see half his paychecks again until he’s 50!
UPDATE: Another violation letter was mailed to Andy Esquivel and Judge Connors has been notified of his most recent violation status. Andy is no longer making child support payments, but has not yet resumed his restitution payments. This will all likely come to a head at his next review hearing.