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I have some questions pertaining unpaid restitution with…

Customer Question
I have some questions...

I have some questions pertaining unpaid restitution with probational period ending soon.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida Pinellas county

Lawyer's Assistant: Has anything been filed or reported?

I'm currently on probation. Was sentenced 6 years with a 9pm curfew and monthly payments of 320 total restitution amount was 27,000.00

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really, just wanted to know what possible options I might have

Submitted: 3 months ago.Category: Legal
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Answered in 3 minutes by:
1/7/2018
Lawyer: Zoey, JD, Attorney replied 3 months ago
Zoey, JD
Zoey, JD, Attorney
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Satisfied Customers: 30,070
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient while I type and compose a reply. Once I have responded you can then ask for followups or clarification at no additional cost.

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Lawyer: Zoey, JD, Attorney replied 3 months ago

Restitution must be paid in full. However, the US Supreme Court has held that payments must be set in an amount that a probationer can make. This means that in many instances involving poor probationers or very large restitution awards, the original term of probation will end well before the fees and fines can be paid off.

The US Supreme Court has also ruled that a probationer can't be thrown into jail just for being poor. As long as a probationer has made good faith efforts to meet his debt and hasn't been deliberately ducking his payments, the US Supreme Court says that something other than jail can be worked out. Generally judges will just extend probation, even over probation's objections, so that you can finish your restitution.

Sometimes, however, you can prevail upon a judge to enter the remainder as a civil judgment so that the court doesn't have to monitor the probationer anymore. If the probationer doesn't pay, he 'd be subject to the same types of remedies as with other judgments -- they could put liens against his property and garnish his wages and tax returns, for example. But he couldn't be arrested for contempt.

The judge can't get blood out of a stone. If you've been paying what you should be paying and through no fault of your own you can't finish in time, there is no point in putting you in jail on a violation of probation. It's better all around to keep you out and let you continue to pay.

Probation is likely to violate you if your debt is still unpaid. They have to do that because they cannot sign off on you that the terms of your sentence are complete. Still, if you have been making your required payments and just don't have enough time and money left to finish it all off before the end of your probation term, you should still be all right.

Even if the judge won't enter the debt as a civil judgment, the worst the judge is likely to do here, is to extend the term of probation so you can finish paying it off. You'd be entitled to a lawyer at a hearing on the violation. He could argue as well for the elimination of your curfew if probation does have to be extended.

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