Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default Probation Ended Without Payment of Restitution

    My question involves criminal law for the state of: OH

    I'm the victim of vadalism. The person who did the damage was caught and sentenced. My insurance covered the auto damage, but the damages were more than the insurance company was willing to repay (custom paintwork). I filed a civil order in small claims and won the judgement. When the responsible party was sentenced the judge called me and asked if he owed me restitution. I informed the judge of the small claims court order and he put it in the sentence to repay me as the condition of probation. The probation period has ended and no payment was made to me. The "restitution" department states that since it was a civil judgement they don't handle it even though the judge ordered it and it states right in the sentencing that "restitution to car owner" is clearly stated.

    Question is... Where do I go from here? The judge ordered it, and they ignored it. Do I have a case or a leg to stand on against the probation department?

    Thanks,

    -Dominic

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,076

    Default Re: Restitution Order - Probation Ended Without Payment

    Why don't you go back to the civil court and get that court to allow for some enforcement of your award?

    I don't know how it works in your state, but out here probation cannot always be extended for failure to pay restitution. You can't keep someone who is destitute on probation forever if they haven't the means to make those payments. It is likely the same where you are.

    So, find out what you can do through the civil court.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Restitution Order - Probation Ended Without Payment

    Problem is they never required him to pay it as a part of his probation in the first place.

    It wasn't a decision because of his monetary situation, it's an internal confilict with the civil side and criminal side (probation department doesn't apply that to probation) even though a judge directly ordered it. Why would a judge order something that the probation department would just overlook and refuse to honor?

    -Dom

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,076

    Default Re: Restitution Order - Probation Ended Without Payment

    Well, you can continue to be frustrated, or go back and have the court that originally ordered the award help you enforce it.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Violation of Probation - Non-Payment of Restitution
    By mcado67 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 12-15-2009, 08:17 PM
  2. Sentencing: Restitution Payment and Conditional Sentence
    By poohbear6 in forum Criminal Procedure
    Replies: 1
    Last Post: 09-07-2009, 03:58 PM
  3. Probation and Parole: How to Get a Restitution Payment Reduction
    By nc_restitution_helpneeded in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 04-01-2009, 08:40 PM
  4. Jail: Will They Lock Up for Non Payment Restitution
    By joeb522 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 09-06-2008, 11:37 AM
  5. Auto Insurance: Restitution And Car Insurance Payment
    By bronson7 in forum Insurance Law
    Replies: 4
    Last Post: 05-12-2008, 11:27 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document