My question involves criminal law for the state of: Missouri
This is alot of stuff, and gets confusing. Here we go.
Part one: My probation ends this October (6 counts forgery), but the restitution has not been fully paid. The amount was a lower amount given than what should have been, since one revocation hearing. The lower amount has been paid the entire time since, but even the lower amount (this was an amount THEY lowered), paid on time or current, would not have paid this off by the time of probation.
Part two: The victim and I have had contact with each other for 2 years. This was NOT stated anywhere in the probation that we could not have contact. He is the true and only victim on file. He, of is own will and under no threat or coercion, met with me at a notary public and a mutual witness, and he signed a letter stating to drop the restitution, and it was sent out, as well as copies given to probation, and in person to the prosecutor.
Part three: Since he at the time did not care about the money, had also moved out from where he was living (with his father), and prefered to not have contact with his father. His father had somehow gotten the courts to put the restitution into his name. First he was never anywhere on the paper work, nor was anything his ever. He had no say so in it, and the victim was 30 something at the time of everything. The court papers state this: The victim to whom the defendant is currently ordered to pay restutution, "victim name", "Victim name" is presently out of the jurisdiction and unable to deposit his restitution checks. In his absence, his father "victims father" will hold the restitution in escrow until "victims" return. When the true victim sent in the paper work, his father refused that, saying its not to be dropped. The father has also refused to turn over ANY of the payments to the "victim", saying he is keeping it for himself (his words). The "victim" doesnt care either way and wont do much, but the fact that the father is stealing it to begin with, allowed to by the courts, and the actual victim was not allowed to drop the restitution.
Part four: This is the weirder part, the actual victim has MOVED out of state, and changed his name as well, or should I say now HER name (going through MANY life changes). So the victims name isnt the same anymore anyway, but it still legally was the original name when the paper work was mailed and given to the courts that stated to drop the restitution.
So many questions:
1: So come October, what could I expect, what could be done, brought up, etc.
2: how could someone not the victim take control of payments without any legal means, and keep it for himself. Could I get in trouble also?
3: They set a lower payment amount, thus even if paid ontime and everything, would not have been able to pay this in full. They set it up like that, so could I get in trouble even if I was paying what the court changed to.
4: I have a 5 year backup, would they enforce that, or could they continue probation, end probation and the restitution turn to a civil matter? (if civil, the father who is not the victim cant file things could he, it would have to be the actual victim wouldnt it?)
Thanks you for any advice I can get.