Legal Question in Criminal Law in South Carolina

will i go to jail if i don't pay restitution for a breach of trust charge?

Asked on 7/18/14, 8:31 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Its very hard to answer your question without knowing more about the case. Restitution genrally something that is part of a person's sentence when they are convicted of a crime. The conviction can be from being found guilty at trial or by pleading guilty. Usually when restitution is ordered, there is also an order of jail time, which is ordered so that the person complies with the restitution order.

It could be many different types of crimes. Anything that involves missing property, or damaged property, or for unpaid medical bills, or any situation where the victim in the case has some sort of a loss, or a debt, etc., as a result of the crime.

There are endless different types of situations where restitution could apply.

Just one for example is, say a person pleads guilty or is found guilty at trial to some sort of a theft crime. The judge would almost always order potential jail if the restitution is not paid. In other words, maybe the judge would order a certain amount of jail if the restitution is not paid in a certain amount of time. That way the person would have incentive to see that the restitution is paid, so that they would not have to go to jail.

In your situation, I do not know if there has been a conviction so I can't give you any specific information about restitution and your case. The best I can do is simply try and explain restitution in general, which I have. Hope that helps

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Answered on 7/19/14, 3:43 pm

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