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basmith · Aug 4, 2010, 02:32 PM

I am currently serving probation in Florida for Indiana and my probation is up come September 2, 2010 but the probation officer out in Indiana said I will be violated because I have fallen behind in payments with my restitution. Can I be violated and made to serve time in prison because of money problems? The whole time I have been on probation I have not violated any other conditons. No new charges, no bad UA's, I completed community service. I just can not make all these payments for restitution. I recently was denied for a extension of probation so I can continue making payments.

excon · Aug 4, 2010, 03:06 PM

Originally Posted by basmith

Can I be violated and made to serve time in prison because of money problems?

Hello b:

I don't believe you can. Somewhere in my drug addled brain I remember a recent case about that very thing. What I DON'T know if the case only applied to the state in which the decision was rendered. But, even if it is, you can still use it as an argument.

I don't have time to look now, but I will. Your gut was right, we don't put people in jail because of debt, and that's what restitution is. The state, of course, will argue that restitution is part and parcel of the criminal conviction... That argument should be a loser... I'll get back to you.

excon

excon · Aug 4, 2010, 03:18 PM

Hello b:

Still looking... I found more ABOUT case law - just not the case itself. There is case law in Wisconsin which says if one is making a viable and legitimate attempt to pay restitution, e.g. if the amount being paid is short of the amount ordered, then one's probation should not be extended or violated.

excon

basmith · Aug 4, 2010, 07:07 PM

Thanks sweetie. The problem is that the resitution was 10,000 ad they expect me to pay $844.00 a month and I am a full time student and I a ending all I can and pay my bills not to mention probation fee's too which I am not behind only the restitution. The probation officer even said the court is being unreasonable andsked to grant my extension but it was just denied a few days ago. He said that the court will most likely summons me their and I would have to get a travel pass to go and right there I have to borrow money just for the 18 hr drive up & 18 hr back. He said that they could make me do a year there but then if I complete my sentence then they get no money priod which Indiana does 2 for 1 days so tha would mean actually 6 months in jail but then I am screwed with my college?
I can't seem to catch a break here:-{

basmith · Aug 4, 2010, 07:09 PM

[QUOTE=basmith;2467018]
Thanks sweetie. The problem is that the resitution was 10,000 and they expect me to pay $844.00 a month and I am a full time student and I am sending all I can and pay my bills not to mention probation fee's too which I am not behind just the restitution. The probation officer even said the court is being unreasonable andsked to grant my extension but it was just denied a few days ago. He said that the court will most likely summons me their and I would have to get a travel pass to go and right there I have to borrow money just for the 18 hr drive up & 18 hr back. He said that they could make me do a year there but then if I complete my sentence then they get no money priod which Indiana does 2 for 1 days so tha would mean actually 6 months in jail but then I am screwed with my college?
I can't seem to catch a break here:-{ Is there anythiung I can do here?

basmith · Aug 4, 2010, 07:10 PM

That's funny about the kool-aid... LOL:-}

excon · Aug 4, 2010, 07:12 PM

Originally Posted by basmith

The probation officer even said the court is being unreasonable andsked to grant my extention but it was just denied a few days ago.

I can't seem to catch a break here:-{

Hello again, b:

The courts aren't in the business of giving breaks. If you want one, you've got to fight for it. What you described above is what happens when you don't do anything to STOP it. You asked for my advice. That advice is to hire a lawyer and kick some a$$.

Or, you could lay down for them. That's what most convicts do.

excon

twinkiedooter · Aug 5, 2010, 10:52 AM

I know that here in Ohio if you don't pay the Court ordered restitution in full you can be violated and made to serve your entire originally court ordered time in prison/jail. Extensions of probation have been known to happen in Ohio but you have to start asking early like you did for it to happen and the Judge has to agree.

Right now I would consult with a good attorney to see what they can do for you. And if all else fails and you have to spend time in jail - then you'll just have to do it regardless of attending college or not. Just because you are attending college is not a good enough reason for not paying your restitution. In the court's eyes you should have been working full time to make the $800 a month nut each month and not "furthering yourself or bettering yourself" at the victim's expense. Essentially you should have taken care of the restitution FIRST before seeking a college education. Priorities, priorities.

basmith · Aug 6, 2010, 11:31 AM

Thank you both for answering my question and I will be seeking for an attorney and not a public pretender this time... God Bless you!

nmacdowell · Oct 31, 2012, 12:55 AM

What is you pay your restitution by the deadline. But the po violates you early because he didn't think you were going to pay it. But I did and I was still arrested on a VOP warrant. I lost my job, and have a great new mugshot all over the internet.