Legal Question in Criminal Law in Michigan

I have not paid my restitution because I'm on a fix income and they take my money for child support. they have extended my probation once without me going to court and then I went to court and they extended 6 more months I have not gotten in trouble since I've been on probation. I did all I could in community service. so I got it down to 900.00. Do you think he will send me to jail


Asked on 4/20/10, 10:13 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Under the Crime Victim's Rights Act, the restitution debt you owe never expires until it is paid in full. It does not "die on the vine" when your probation term ends. The judge cannot give you 'credit' for part of the restitution debt through your community service hours (which doesn't put a dime back in the victim's pocket)... UNLESS the victim specifically ok's that the restitution debt can be reduced by $x.xx in return for specified service by the defendant (which could be community service, it could be work done around the victim's house, etc.). The judge cannot give you credit for part of the restitution debt through a jail term, period. You can be held in contempt of court for not paying restitution as required, but you cannot be given a jail sanction unless you "wilfully violated" the restitution payment order ... meaning that you had the resources to pay restitution AND you did not make a good faith effort to do so. The fact that you're on a fixed income doesn't really answer this question because we don't know if you have the ability to earn some extra income to go toward paying restitution. I have frequently pointed out in court (not jokingly) that even an unemployed/unemployable defendant can many times comb the streets for returnable cans and bottles to come up with extra money to pay back restitution. It may take some effort, but it can be done. Restitution has to be a priority. It's among the most tangible examples of a crime being rectified.

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Answered on 4/26/10, 6:08 am


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