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  1. #1

    Default Never Notified of Restitution Amount: Now Probation Violation

    My question involves criminal law for the state of: Utah

    Last year, I took a misdemeanor plea in abeyance to avoid a felony jury trial. I was supposed to pay restitution to the "victim". The prosecutor did not have a restitution amount at the sentencing, and they were supposed to let me know. I heard nothing more from them.

    Since then - and largely as a result of having to hire an attorney to defend me - I fell behind on my mortgage, the bank tried to foreclose, I had to declare bankruptcy, and was in very real danger of being homeless. I assumed the DA's office would contact me when they had an amount, and when I didn't hear anything further, I assumed they had realized the "victim's" damages were fake. Frankly, I was too consumed wth trying to not be homeless to give the matter any attention.

    Tonight, I just got served with a probation violation for not paying the restitution. Even the order doesn't state the amount of the restitution. How the hell am I supposed to pay restitution when they never notified me, and I don't know how much I'm supposed to pay?

    What happens now? What should I do? Does this mean there is a warrant out for my arrest?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,125

    Default Re: Not Notified of Restitution: Now Probation Violation

    Please avoid profanity on the forums. What you were expected to do is be proactive. You were given a second chance to avoid conviction on serious charges and to sit there claiming "nobody told me what to pay" isn't going to cut it. You need to contact the probation office immediately and indicate the willingness to pay and work to find out when and how you will do so. While there may not be a warrant out for you now, it certainly will happen if you sit around with your head in the sand much longer.

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