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1norell
Jan 7, 2009, 05:12 PM
Cant pay restitution

twinkiedooter
Jan 7, 2009, 05:21 PM
Then you will be ordered to spend time in jail/prison for your crime. Very simple, you get a job and pay the restitution or do the time. It's up to you what happens as once the Judge is informed that you are not keeping your end of the bargain (I presume that you got probation and restitution in lieu of jail time) he will be sure to end your probation.

JudyKayTee
Jan 7, 2009, 06:00 PM
Then you will be ordered to spend time in jail/prison for your crime. Very simple, you get a job and pay the restitution or do the time. It's up to you what happens as once the Judge is informed that you are not keeping your end of the bargain (I presume that you got probation and restitution in lieu of jail time) he will be sure to end your probation.


Exactly - it's a violation of the terms of probation and the sentence will probably be reinstated.

(Twinkie, get the feeling there's an echo in here?)

Fr_Chuck
Jan 7, 2009, 08:08 PM
They may continue your probation if you are paying on it and trying, they may revolk your probation and put you in jail if it appears you are not even trying. Normally you will not get off probation unless it is paid.

twinkiedooter
Jan 8, 2009, 09:14 AM
Judy and Chuck are correct. The Judge will be the one who ultimately decides your fate. If you can't possibly afford to pay the restitution off in full - what was your jail sentence originally? If this is something you can do rather than pay it off, you could opt to do the time instead of pay the money, but either way something must be paid whether it is time or money.

JimGunther
Jan 9, 2009, 01:15 AM
I was a probation officer in Maryland for seven years and never saw anyone go to jail for simply not paying restitution. Well, in this state, the jails are full anyway and I guess it is partly a matter of priorities.

A probation officer is obliged to report failure to pay restitution to the judge, usually when a certain amount of payments are missed. As was mentioned above, it is up to the judge to decide what will happen. In my state they have something known as the Central Collections Unit, and I am sure other states have something similar. If a person is doing OK on probation, but can't pay the restitution at the ordered rate, the judge may reduce the payments and continue the probation, or close the probation unsatisfactorily and turn collection over to the CCU. The judge is not likely to leave the situation as it was when you walked into court for the violation of probation hearing.

Anyway, the CCU has the power to attach wages, income tax returns, or take other collections measures. The PO should be able to explain all this too you, if they are willing to take the time, some are not.

Fr_Chuck
Jan 9, 2009, 05:18 AM
Not sure about your state MD, but there is a lady I know today sitting in jail for 30 days because she did not follow the terms of her probation in paying back. She was put in for probation violation, she will be given a time frame to pay back when she gets out of jail.

JudyKayTee
Jan 9, 2009, 05:34 AM
Not sure about your state MD, but there is a lady I know today sitting in jail for 30 days becuase she did not follow the terms of her probation in paying back. She was put in for probation violation, she will be given a time frame to pay back when she gets out of jail.



Exactly - happens here (in NY) all the time. That's why the City jail (and also the County facility) are overflowing.

Judges are becoming very tough on people who receive probation and don't meet the terms.

Obviously it's not the same across the Country.

danford
Dec 7, 2010, 03:57 PM
In Federal Court I was ordered to restitution of $600,000.00. I spent 42 months in a federa Prision and 36 months on probation. I paid what I could on probation which was very little compared to the amount I owed. I was released from prison and never heard from them since. Now 21 years later I get a demand notice to pay in 10 days. Why now, why me? My order was that I was to pay restitution while on probation. Will I go to prison for another 3 years? What happens now, who do I see. I have been unemployed for six months now and in January I will be 63 years old so my propects of a job are not good. Any advise?
Thanks,
Dan

excon
Dec 7, 2010, 05:07 PM
Any advise?Hello dan:

Sure. Restitution is a CRIMINAL sanction. When they didn't collect it during your CRIMINAL sentence, the CRIMINAL part of the restitution changed into a CIVIL case, and the statute of limitations ran out on the civil case... (I made that up. I have no idea if restitution "changes" into a civil case) (that doesn't mean the court doesn't think so)

It's either that argument, or the fact that they can't enforce a CRIMINAL sanction after you've been released.

OR, it's a bottom feeding, scum sucking, collection agency trolling for nickles.. They KNOW they can't sue or collect, but that doesn't stop them from trying... If THAT'S so, ignore the bastards.

excon

tgillett80
Mar 14, 2011, 04:06 AM
Hello Danny. If you need someone to talk to you can call me.

-T

AJ1962
Mar 22, 2011, 12:47 AM
I was a probation officer in Maryland for seven years and never saw anyone go to jail for simply not paying restitution. Well, in this state, the jails are full anyway and I guess it is partly a matter of priorities.

Jim, I am a Maryland judge, and I typically issue arrest warrants for VOP cases involving disregard to restitution orders. I set bail at 2-3 fold the restitution amount, and you will be surprised to find out how fast defendants come up with bail money. I then make a point of such fact on the record.

You are right, it is not always practical to send defendants to jail, but we can extend probation and establish payment milestones -- and always ready to increase bail or even issue new arrest warrants when payments are missed. Probation visits and fees alone are a good incentive.

Also, as you know, one of the standard probation conditions is for the defendant to maintain a job or enrollment... which provides a venue for victims to collect restitution through garnishments, etc.

In a nutshell, incarcerating a person for nonpayment of restitution will ensure no payment while the person is incarcerated, then you go through the cycle again, so why start it.

melindathomas1
Jun 26, 2011, 09:40 PM
I was placed on pretrial diversion check fraud/ forgery, first time offender, never been in trouble. Have not been before judge, but have been keepng my end of bargain for diversion. I have completed my community service, paid court cost early, have been paying restitution, however it will take 3.5 yrs to pay off at 100.00 a month, now I receive unemployment and received money legally in other ways such as sell my car, so I am going to pay restitution in full tomorrow 2780.00, while I have it. However, the only condition I haven't met is to have a job, I have all the proof that I've been looking, pages and pages of rejection letters, filled out applications, interview emails, etc. when I go in tomorrow, with money but no job, they can still kick me out of diversion, but is this likely, I've kept every other end of what I was supposed to do, its not my fault struggling to get job, so I don't know what they will do once I go in with paid in full restitution after 3 months instead of 3.5 years

JudyKayTee
Jun 27, 2011, 05:57 AM
Yes, it's possible. The Court doesn't care if you work slinging hamburgers. They just want you to work, be productive, keep busy.

Find a job.

JudyKayTee
Jun 27, 2011, 09:28 AM
melindathomas1 does not find this helpful : because that was not the question i asked, i did not say i could not pay restitution, i said it will be pd in full today, while im on unemployment searching for job. theres no other conditions for me to meet for diversion other than find job, ive don


You have misused the rating system. Try reading the AMHD rules. My answer is CORRECT.

Your question was - you have met all the terms of diversion EXCEPT for finding a job. Do you need to have a job in order to meet ALL the terms of diversion, as ordered?

My answer was that the Court expects you to meet ALL the terms - the Court doesn't care if you work slinging hamburgers. They just want you to work, be productive, keep busy.

I said NOTHING about your abiity to pay restitution. You asked if the Court tells you to find a job and you don't, do you need to find a job.

My answer is - yes. You must meet ALL of the terms of diversion.

Where do you read anything I posted about you paying or not paying your fines and/or restitution?

melindathomas1
Jun 27, 2011, 10:05 AM
It says that at the top about not being able to pay restitution, maybe that was someone else question, I do apologize, there was no need to get upset, so I I have one more question, since I cannot force anyone to hire me, and if I did go to a fast food restaurant which I have and have not heard anything, I will receive less than I do in unemployment, so its pointless to bother paying off all the restitution in full today, is what I'm getting because they are going to kick me out anyway, so I may as well keep the money?

JudyKayTee
Jun 27, 2011, 10:11 AM
it says that at the top about not being able to pay restitution, maybe that was someone else question, i do apologize, there was no need to get upset, so i i have one more question, since i cannot force anyone to hire me, and if i did go to a fast food restaurant which i have and have not heard anything, i will receive less than i do in unemployment, so its pointless to bother paying off all the restitution in full today, is what im getting because they are going to kick me out anyway, so i may as well keep the money?

Yes, because you didn't read the rules you apparently added your question to the bottom of another person's question. Your reddie is posted AGAINST my reputation, unfairly.

That having been said - if you don't care if you are "kicked" out of the restitution program and would rather serve jail time or receive a fine (or whatever you would have received had diversion not been available), don't get a job, don't try to find a volunteer opportunity (which some Courts will consider in lieu of a job) and go back to Court for sentencing. That way you can continue to collect unemployment unless, of course, you are put in jail.

jon838
Apr 17, 2012, 10:13 AM
I'm 15 and have been on probation since I was 12 and I just checked in to probation today and they siad that if I don't pay what I owe I'm going to jail can they possibly put me in real jail or back in juvy

jon838
Apr 17, 2012, 10:22 AM
I'm 15 and have been on probation since I was 12 for vandalism, ''gang activity'' (because there was 5 of us) and breaking and entering and I just checked in to probation today and they siad that if I don't pay what I owe I'm going to jail can they possibly put me in real jail or back in juvy please reply

JudyKayTee
Apr 17, 2012, 05:17 PM
Yes, they can.

redwolf424
Oct 20, 2012, 08:45 PM
I'm on unsupervised probation and I have to pay restitution of 800$ and this is my first time ever being in trouble and if I pay at least 75% of it within my due date and still making payments on it will they throw me back in jail if I make an honest attempt to pay it?

excon
Oct 21, 2012, 06:30 AM
Hello red:

Nahhh.

excon

lt2k3k
Feb 11, 2013, 06:04 AM
I owed 22,000 from 2 misedemeaners in Iowa 5 years ago, I got max fines, court cost and attorny fee and 2 years probation, I was released from probation and done with case except for money owed, I have paid $50 per month with never missing a month and this last month received a contempt of court hearing because I wouldn't pay more per month (I really cant afford more, not right now anyways), they had sent it to a collection agency and I guess they sent it back with their fee added on to it to make it 25,000+. I cant make the hearing cause I'm in training and when I called them they told me take it or go to jail. How is that possible I already served my sentence? So I can get more than what is allowed by state law on that charge by some loop holes?

excon
Feb 11, 2013, 06:32 AM
Hello it:


I cant make the hearing cause I'm in trainingIf you DON'T make it, you'll be in jail. To me, staying OUT of the can is more important than training, which would do me absolutely NO GOOD if I'm in jail. But, that's just me.

Look. You're dealing with PO'S, who OF COURSE want you in jail. It does them NO good to be reasonable... So, you need to talk to someone who IS, and that's the JUDGE... But, if all he hears from the PO's is that you WON'T pay, and now you WON'T attend his hearing, he's absolutely going to put you in jail.

In MY opinion, if you present the judge with the facts as you've described them here, he won't do ANYTHING. He may even yell at the PO for harassing you.

Excon

PS> (edited) Besides, after I think about it for a minute, they CAN'T put you in jail anyway, because you're NO LONGER under their supervision.. I can't believe a judge would even schedule a hearing..

PPS>Ok, I see again, that it's a CONTEMPT of court issue, not a violation of probation. Contempt of court is CIVIL. Even if you're FOUND to be in contempt, there's NO jail time associated with it... But, seeing as how you're MAKING payments, it ISN'T even contempt. Contempt would be if you IGNORED the court, and you're doing the opposite.

lt2k3k
Feb 11, 2013, 02:40 PM
The only problem is that I just got this job and we moved over 300 miles and this was paid for by the company, its done at end of February, I understand about rather be free than in jail but I cant pay anything without a job, thanks for your input. Also it is the clerk of courts pushing this.

excon
Feb 11, 2013, 03:26 PM
Hello again, lt:

Send the court a certified letter requesting a postponement. There's NO reason why they wouldn't grant it. Or, ask if you can appear telephonically. That's something they might do too.

excon

gigijenn
Oct 18, 2013, 08:32 PM
I have a restitution of 20k I have paid 3k in the last 3 years of my five year probation. The money goes to my grandmothers estate.. Grandma passed away. I have a LOP court hearing because I am not paying my scheduled monthly payments. I am making effort... I cant afford to go to court, I live out of state. I also need to pay my restitution.