Ask Me Help Desk - What can happen in a restitution hearing?

What can happen in a restitution hearing?

I served 18mths in prison and was released on 6/10 on parole until 11/2011 but I owe restitution. The County has informed me that I need to pay $1088 a mth. Because of my criminal record I have not been successful in getting a job.

What can they do to me if I can't pay.
Can they go after my husbands income or make him pay
What would happen to my case if I were to died.

Any suggestions or advise is appreciated, thank you

Hello s:

There's a new law that says they can't DO anything IF you did every thing you could to pay. However, if you didn't, they can violate your probation...

No, they can't make your family pay, and if you die, the debt dies too.

excon

Comment on excon's post

I have done everything I can to find a job but no one will hire me.
What else can I do in this economy?
Do you know the name of this new law?
You're an excon - are are you working?

Quote:

Originally Posted by Sillygirl96

What else can I do in this economy?

Hello again, S:

Collect cans.. If you pay NOTHING on your restitution they'll violate you.

excon

There will be no absolute, it will depend on the philosophy of the judge (some are easy on money, some are strict). Though, it is worth saying that as far as restitution goes most judges are strict (as opposed to court fees).

So as excon said, pay something, you will absolutely be violated job or not. You are somehow surviving, welfare? SSI? Some form of state assistance. Even if it is simply by family assistance, if you pay nothing your likely heading back.

If you have, zero way of paying... seriously meaning zero... do some community service between court dates and tell your lawyer (and have documentation). That way you can plead to the judge that you are not just a lazy sack... your trying to pay back your debt to society (if not to the victim).

Anything you can do to show good faith will likely help...

Quote:

Originally Posted by excon

Hello s:

There's a new law that says they can't DO anything IF you did every thing you could to pay. However, if you didn't, they can violate your probation...

No, they can't make your family pay, and if you die, the debt dies too.

excon

When you say new law, are you talking of an actual statute or a Case precedent? If it is from a court do you have the cite?

Quote:

Originally Posted by adthern

When you say new law, are you talking of an actual statute or a Case precedent? If it is from a court do you have the cite?

Hello ad:

I've looked. I can't find it. I read it once and then it was lost... However, contrary to most jail house rumors, this is true... The Padre found it once and posted it. I can't find that either. Maybe he'll show up and link us.

On second thought, I'm going to PM him.

excon

Hello again, a:

Here's what the Padre said.

"It was a Georgia case, one I saw, from 2011 or 2010, the man had already served about 4 or 5 years and was appealing it as cruel and unusual punishment based on merely being homeless or poor.

Appeal court overturned the probation judge verdict, I beleive the first federal appeal overturned that but then it was upheld by the full appeals, and may ( or may not) go on to the Supreme Court in a few years.

My understanding, if I have it correct, it is only binding in the courts effected by that Federal District. I know GA is still putting them in jail if the person has not made "any" effort, if they are not paying 5 or 10 dollars a month and in some cases about 20 percent of their income ( basic garnishment amounts)

sorry don't have the actual case law."

So, with no citation, it didn't help a lot..

excon

Yes, the case law is still up in the air as to final outcome

But in basics, you will need to show the court.
1. you are looking for a job, any job, even min wage jobs.
2. if working, you are paying part of your pay to the court.

What they won't accept is no payment at all.

Of course they can't force your husband to pay, but they can put you in jail in some places, since it has not been set by the US Supreme Court yet ( and who knows how they will rule)

But in general have you paid them anything, are you working ?

Quote:

Originally Posted by excon

Hello again, a:

Here's what the Padre said.

"It was a Georgia case, one I saw, from 2011 or 2010, the man had already served about 4 or 5 years and was appealing it as cruel and unusual punishment based on merely being homeless or poor.

Appeal court overturned the probation judge verdict, I beleive the first federal appeal overturned that but then it was upheld by the full appeals, and may ( or may not) go on to the Supreme Court in a few years.

My understanding, if I have it correct, it is only binding in the courts effected by that Federal District. I know GA is still putting them in jail if the person has not made "any" effort, if they are not paying 5 or 10 dollars a month and in some cases about 20 percent of their income ( basic garnishment amounts)

sorry don't have the actual case law."

So, with no citation, it didn't help a lot..

excon

No, that does help. Thanks

This is a question: I was ordered to pay restitution by a lowdown corrupt Judge who had it in for me because I had filed acomplaint against him prior to my malicous conviction. I was false ly arrested on a felony theft that I absolutely didn't commit. In fact I was the victim pf a bad unlicensed contractor in the aftermath of Katrina. I overepaid this contractor and asked that he return my check for the correct one, when he refused I stopped pay. He illegally accesed my account and got the money electronically. I complained to my credit union. They gave me the wrong affidavit ( forgery) to dispute the bad transaction. The money $7,574 was plae back into my account. I held the money anticipating small claims, or compromise.This contractor used this (mistaken) affidavit to say I said he forged my name, and stopped pay on the check to steal his labor. Although, my credit union admitten to the court, and to Probation and parole that they made the mistake and had done me wrong, th conviction was not overturned, and the Judge SEALED the results of the Pre-sentence Investigation from Probation and Parole in the record. ( Lowdown)! The D A s' office never contacted me prior to my arrest. I was arrested and jailed, when I bonded out I filed a complaint against the D A s' office for false arrest, and the Judge for going along with him. I was malicously convicted. This wasn't even a criminal matter. The contractor never finished my home, and hadn't left the building materials that I paid for, for the sub-contractor to finish. The appeals court said that any restitution should be based on my earnings which is $558. This Judge neveer had the hearing with me as ordered to determine restitution. He has me paying $388 ( cruel and Unusual Punsihment, hardship). I am not going to be able to keep this up, with much need medications and utilities and all. He wants to see me suffer. I asked the probation officer about a restitution hearing. The pobation officer said that is what the Judge wanted me to pay, and he does what the judge says. I can't afford an attorney, and don't know that one will appointed to me for restitution hearing, beside the judge already knew what my income was prior, when I applied for paupers. This Judge has it in for me. I have an online petition on Change.Org to the Governor to investigate and overturn my conviction. Any suggestions would be appreciated, should I just go with my petition? Or?

Hello K:

You need a lawyer. Yeah, I know you said you can't afford one. The petition isn't worth toilet paper.

excon