Legal Question in Criminal Law in Minnesota

no job cant pay restitution!! court date!! help

two years ago i was charged with a felony of over $5,000. i was put on probation for two years and was ordered to pay $8,000. They've received about $700 from my taxes. I got kicked out of my apartment w/my boyfriend and I've been looking for a job this whole time! i received a paper saying that i have to go to court for not paying restitution!! i'm really scared!! Whats going to happen to me?? I cant go to jail I have two kids to take care of and I have a job counselor helping me find a job!! Please Help Me!!


Asked on 1/09/09, 10:48 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: no job cant pay restitution!! court date!! help

Ideally, borrow the money (even from friend or family) to pay off the restitution, since money owed the court is one of the few debts that can land you in jail if you don't pay. It will be easier to pay the debt from that loan, out of jail, working, as opposed to in jail for failing to pay restitution.

If time is running out, do what you can to pay it down now; call the probation officer to discuss possible help (more time); and consider asking the court for more time. Unfortunately, "more time" in these situations when granted, ends up meaning lengthening the probation period - which is bad otherwise bad for a number of reasons. Whatever you do, do not miss the court date! If you have a lawyer, even a public defender, seek help from them.

FFI: http://www.liberty-lawyer.com

http://www.liberty-lawyer.com/theftandpropertycrimes.html

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Answered on 1/09/09, 12:05 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: no job cant pay restitution!! court date!! help

You likely received a Notice or a Probation Violatiuon for non-payment of restitution. If you have paid very little, except for a tax intercept, the court may very well find that you violated probation by failing to pay back the victim and impose any part of the sentence previousy stayed. As a result, you would be wise to hire counsel.

The Court can also extendf your probation until the restitution is paid which places you at a continued risk that a violation will occur and you find your self in court facing an executed sentence.

The previous posting attorney is correct, that, if at all possible, you should find a way to pay that restitution. It would allow you to avoid a jail sentence and satisfy probation.

For a FREE consultation call 612.240.8005.

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Answered on 1/09/09, 3:32 pm


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