what if i cant pay for criminal 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

Quote:

Originally Posted by twinkiedooter

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

Quote:

Originally Posted by Fr_Chuck

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.

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 Janurary 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

Quote:

Originally Posted by danford

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

what if i cant pay for criminal restitution

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