Legal Question in Criminal Law in Michigan

I plead guilty in 2010 in MI and was sentenced to 5 years probation. I moved to Texas with permission and finished my probation here. I was released from probation in March, 2015 but could not pay the total amount of restitution. I have no idea what Ingham County can or can't do with my situation. I need to find out if they will come after the money civilly or can they put out a warrant for my arrest or what. I don't want to spend the rest of my life wondering and looking over my shoulder.


Asked on 12/28/15, 8:29 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Your restitution debt will never expire until it is paid in full. So, technically, you will have to look over your should until it is paid in full. Under Michigan law, any method available to collect civil judgments can be used to collect what you still owe on your criminal restitution. This includes subpoenaing you to court periodically to grill you about your income, assets, debts, etc. It includes garnishment orders on your paychecks, bank accounts, etc. Those all have to be approved by the criminal case' judge. the prosecutor or the victims or anyone owed restitution money under the criminal judgment of sentence has the authority to initiate those collection procedures. And there is also authority for a court to hold you in contempt of court if you are not making payments on what you still owe. Even though your probation is done, the court still have authority to enforce its orders. you're not "on probation" but the court can still show cause you and sanction you. All in all, you're better off staying in contact with the Ingham County courts, making some regular payments, etc. If you do this they may leave you alone because you are not ignoring them. And if you do ignore them, they might have no choice (or the victim may have no choice) but to pester you to get this all paid off.

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Answered on 12/28/15, 2:04 pm


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