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  1. #1
    Join Date
    Mar 2012
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    5

    Default Restitution and Probation in Missouri

    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.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Restitution, Probation, and Alot More. in Missouri

    1. You can expect a revocation hearing. You were to pay off an amount determined by the court to be restitution. You didn't. It's the probation department's job to reflect that to the court and let the chips fall where they may.

    2. The fact that he was living with his father would lead me to believe claim that the father claims that the damges incurred were to his property and not the initial victim. Therefore, he's entitled to the money that his son purportedly declined to take.

    3. You had a set amount to pay in total for restitution. If you didn't meet that financial goal by the end of the allotted time, that will be addressed in court. Regardless of the payment reduction, you were to have it paid by the end of your probation.

    4. There is a good possibility that the court can continue this matter in order to allow you to complet your payments. Nobody can answer that one.

  3. #3
    Join Date
    Mar 2012
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    5

    Default Re: Restitution, Probation, and Alot More. in Missouri

    Quote Quoting viol8te
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    1. You can expect a revocation hearing. You were to pay off an amount determined by the court to be restitution. You didn't. It's the probation department's job to reflect that to the court and let the chips fall where they may.

    2. The fact that he was living with his father would lead me to believe claim that the father claims that the damges incurred were to his property and not the initial victim. Therefore, he's entitled to the money that his son purportedly declined to take.

    3. You had a set amount to pay in total for restitution. If you didn't meet that financial goal by the end of the allotted time, that will be addressed in court. Regardless of the payment reduction, you were to have it paid by the end of your probation.

    4. There is a good possibility that the court can continue this matter in order to allow you to complet your payments. Nobody can answer that one.

    1: Anything with the probation officer has always been she has been happy with how I am no matter what, always would recommend continuance.

    2: He was living with his father while receiving the payments, not when the incident had happened. The father is collecting it to just collect it to keep and spend for himself. The victim was on his own when everything happened. Explain to me how someone that was not in the court records or initial case information can get it changed to his name. He is basically stealing (even refusing to turn what money he had gotten over to the victim, even though it is stressed in the paper work that he is only to hold it for the victim).

    3: If that is the case, why have the monthly payment in the first place. The court papers only specify the amount that is set (which is only the minimum). Due to hardship the minimum is all I have been able to pay. Isnt it true that the courts can not set it up to where one would fail even if they do what the courts ask?

    4: I can deal with that option for one. I have also heard of cases where the probation is dropped and the money due becomes a civil matter (which in that case the father couldnt come after anyone for it anyway) only the victim can.

    5: One question still have is..how could someone who's money it wasnt his, argue for the actual victim from dropping the restitution, and collect money that wasnt his and keep for himself (when even it states in the paper work that the money going to him is to be held for the victim)... How could the victim NOT drop restitution that wasnt his, and someone that is stealing it keep it going?

  4. #4
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Restitution, Probation, and Alot More. in Missouri

    1: Anything with the probation officer has always been she has been happy with how I am no matter what, always would recommend continuance.
    Good. So you have a good feel for what might happen next.

    2: He was living with his father while receiving the payments, not when the incident had happened. The father is collecting it to just collect it to keep and spend for himself. The victim was on his own when everything happened. Explain to me how someone that was not in the court records or initial case information can get it changed to his name. He is basically stealing (even refusing to turn what money he had gotten over to the victim, even though it is stressed in the paper work that he is only to hold it for the victim).
    The court only knows what the parties divulge. Apparently, something was said that enabled him to become payee to the restitution owed. If you have strong enough evidence to support your claim, take it to court and present it.

    3: If that is the case, why have the monthly payment in the first place. The court papers only specify the amount that is set (which is only the minimum). Due to hardship the minimum is all I have been able to pay. Isnt it true that the courts can not set it up to where one would fail even if they do what the courts ask?
    There was a total amount owed. I can't answer as to why you were given the minimum amount to pay. The reality is that it is your responsibility. The opportunity to pay it quicker by doubling up when the funds are available was always there. That would be an issue that you would have to ttake up in court. Most judge's aren't too sympathetic to what you can afford to pay, when it comes to a victim that suffered financially because of your actions though.

    4: I can deal with that option for one. I have also heard of cases where the probation is dropped and the money due becomes a civil matter (which in that case the father couldnt come after anyone for it anyway) only the victim can.
    It's possible. You'd have to see if the court is willing to make that option available to you.

    5: One question still have is..how could someone who's money it wasnt his, argue for the actual victim from dropping the restitution, and collect money that wasnt his and keep for himself (when even it states in the paper work that the money going to him is to be held for the victim)... How could the victim NOT drop restitution that wasnt his, and someone that is stealing it keep it going?
    Apparently, something was said that enabled him to become payee to the restitution owed. No one can answer that unless they were there to hear the reasoning behind the judge allowing the father to become a part of the restitution party.

  5. #5
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    Mar 2012
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    5

    Default Re: Restitution, Probation, and Alot More. in Missouri

    Quote Quoting viol8te
    View Post
    Good. So you have a good feel for what might happen next.



    The court only knows what the parties divulge. Apparently, something was said that enabled him to become payee to the restitution owed. If you have strong enough evidence to support your claim, take it to court and present it.



    There was a total amount owed. I can't answer as to why you were given the minimum amount to pay. The reality is that it is your responsibility. The opportunity to pay it quicker by doubling up when the funds are available was always there. That would be an issue that you would have to ttake up in court. Most judge's aren't too sympathetic to what you can afford to pay, when it comes to a victim that suffered financially because of your actions though.



    It's possible. You'd have to see if the court is willing to make that option available to you.



    Apparently, something was said that enabled him to become payee to the restitution owed. No one can answer that unless they were there to hear the reasoning behind the judge allowing the father to become a part of the restitution party.

    The one thing was, its not a transfer from victim to father. The orders state: 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.

    The victim moved away, did not care about it. Had met with me to forgive the restitution. No where in the paper work did it state that the father is now in charge, or the actual victim. Which is the part thats weird and I do not understand how the victim was not able to do anything at this point.

  6. #6
    Join Date
    May 2011
    Location
    Illinois
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    Default Re: Restitution, Probation, and Alot More. in Missouri

    You have the right to motion your case in court and present any information that you have to the judge.

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