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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15942
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been charged with fraud feloney welfare need to pay

Resolved Question:

I have been charged with fraud feloney welfare need to pay 10,000 by july 24th already have me an extesion i will don't have the total amount just 2000 will i end up in jail?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

What happens will depend on why you did not pay. By law, the state has to keep your payments in an amount you can afford. If you make them to the best of your ability, even if they have already extended your probation as far as it can go, they can end your probation and just enter the debt as a civil judgment. That means that the civil and not the criminal court will collect it like they would try to collect any other judgment -- put a lien on your assets, garnish your wages, etc. But you would stay out of jail.

If on the other hand you failed to pay your restitution because you were ducking your court obligation and spending your money on luxuries rather than giving it where it was due, then you can be sentenced to jail. So you want to be prepared (and have your lawyer be prepared) to show that you were paid to the best of your possible abilities.

You cannot be thrown in jail just because you are poor.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15942
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 7 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
do you think I should hire a lawyer will that help? All the money saved is to go for restitution repayment.

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