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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience:  30 years legal experience
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I was convicted of a felony in La. in 2005. entered a plea

Customer Question

I was convicted of a felony in La. in 2005. entered a plea agreement to plead guilty. semtenced to 5 years probation which ended in March of 2010. however restitution has not been satisfied yet. Can the state have me arrested now for non-payment?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your dilemma.

While it is unlikely that you will actually be arrested, out of the blue, for the failure to pay restitution, what is possible is that you will be served with an Order to Show Cause why you should not be found in contempt for not having complied with that aspect of your plea agreement. If your failure to pay is determined to be intentional, then you could be found in contempt of court and fined and/or jailed.

I wish you the best this holiday season.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. I do work diligently to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold that against me.

It has been my pleasure to assist you, and it would be greatly appreciated if you would
click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance. Best regards,


Doug

Customer: replied 3 years ago.
It had been suggested to me that once the 5 yr. timeframe had expired, collection of restitution became a civil matter. Bear in mind that I live in N.H. and and this occured in Louisiana. Since I entered a plea agreement, the merits of the case are now moot, but suffice it to say that I was allowed to sit in a Parish Prison for months with no trial, until I made an offer of 10,000.00 more than the original amount involved. ( 15,000.00) The "victim" in the case is a local multimillionare who routinely purchases police cruisers for the Sheriff and wields tremendous local clout. The original DA in the case refused to press charges. In the next election, the new DA, heavily supported by the "victim" ,immediately filed charges against me after taking office. I hope you can answer me specifically on the Louisiana laws regarding my rights after the term of probation is over. I would put nothing past these people. The Louisiana probation officer has been threatening re-arrest on interstate warrants if I do not pay the balance in full immediately. (16,000.) I am unable to do so but offered a large weekly payment (200.00) They want nothing to do with it.
Expert:  LawTalk replied 3 years ago.
I'll opt out and allow another expert to assist.
Customer: replied 3 years ago.
Thanks much for your candor. Will this question be assigned automatically or do I need to start over?
Expert:  LawTalk replied 3 years ago.
Questions are not assigned---rather all experts in Criminal Law have the opportunity to work with you. You need only wait.
Customer: replied 3 years ago.
Thanks again
Expert:  LawTalk replied 3 years ago.
No problem.
Customer: replied 3 years ago.
You have opted out of my question, however I have not received any other answer, and I now have received a request for authorization of payment/ what's up with this please?
Expert:  LawTalk replied 3 years ago.

Please direct account issues to Customer Service at: http://www.justanswer.com/help/contact.aspx

I have no connection with billing, nor do I know what you have been asked for.

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