Can't pay restitution

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.

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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.

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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?)

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.

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.

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.

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.

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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 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.

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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.

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

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Originally Posted by danford

Any advise?

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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

Hello Danny. If you need someone to talk to you can call me.

-T

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Originally Posted by JimGunther

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.

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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.

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

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.

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?

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?

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.

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

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

Yes, they can.