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CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 232
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
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I'm court ordered to pay restitution, my 3 years is up in June

Customer Question

I'm court ordered to pay restitution, my 3 years is up in June I have paid over half but cannot pay it all out at the end of my time im wondering what will or could happen I want to pay it all back
Submitted: 6 months ago.
Category: Canada Law
Expert:  CaptanLaw replied 6 months ago.
HiCan you provide more information about the type of case that led to the court order? Specifically, was it a criminal case? If so, was the restitution order made part of a probation condition?
Customer: replied 6 months ago.
Yes it was I'm on probation until June but I'm still going to owe money
Customer: replied 6 months ago.
I'm wondering what normally happens at that point
Expert:  CaptanLaw replied 6 months ago.
If a restitution condition is part of a probation order, failure to comply with that condition - like any other condition on a probation order- would be a criminal offence. Breach of Probation is considered somewhat of a serious criminal offence, as it is a violation of a Court order.If you are unable to complete the restitution payments as part of your probation order, the only way to avoid a Breach would be to potentially get the sentencing Judge to vary the order.You would have to make an application for a variation of the probation order in the same court in which you were sentenced, and in front of the same Judge.You are best off doing this through the assistance of a criminal lawyer in your area. One of the issues I foresee coming up with the application would be whether a Judge could, in fact, vary the condition in a way that gives you more time to pay, but also ensures the full amount is paid. The Judge cannot extend the length of the probation order, as the Criminal Code only allows probation orders to be 3 years at most in length. Given the serious risk of a further criminal charge here, I would strongly recommend sitting down with a criminal defence lawyer in your area (perhaps the one you used for the case, if you did use one). We are only permitted to provide general legal information on here, and not specific advice.The information I have provided are the key things you need to know, though.

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