Charge Upgraded After Failure to Pay Restitution

[bmrtucker]

My question involves criminal law for the state of: Virginia
in 2010 received a felony for not paying restitution in a few months of 1500 to my ex employer for an accusation in 2007. at first it was a misdemeanor to start then upgraded when time ran out the judge asked the commonwealth to reconsider the didnt im married with 6 kids and am struggling

[free9man]

What is your question? From what you posted, you screwed yourself. First by apparently stealing from an employer, then by not even trying to pay the restitution for THREE years. Was the restitution court ordered as a result of your conviction? I've never heard of someone's charge being upgraded for not paying restitution.

[Mr. Knowitall]

I suspect you misunderstood your sentence, and that you were promised a reduction in your charge to a misdemeanor if you complied with the terms of your sentence, not that your charge was increased to a felony based upon your noncompliance. You can't plead guilty to a misdemeanor then somehow be automatically "upgraded" to a felony conviction. If your disposition was conditioned upon payment in full of your restitution without proper consideration of your ability to pay, you have a potential constitutional argument. Discuss the details with your lawyer. If you want information here, I suggest finding out and then telling us exactly what happened and stating your question clearly.

[flyingron]

You really should keep this all in one thread. You've got four threads going (at least).
The answer is, short of making a big campaign contribution to the next governor of the Commonwealth, there's nothing that's going to change your felony theft and child abuse convictions.