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  1. #1
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    Nov 2006
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    Default Unpaid restitution (Michigan)- extending probation or prison?

    I would like to know what the consequences are if there is still unpaid restitution once probationary period is complete.

    My boyfriend is currently at the Oakland County jail in Pontiac Michigan for a year, he owes 130,000 in restitution and is on probation for 5 years (well 4 more by the time he is released next year). He will only be able to work a minimum wage job and there is no chance of this all being paid within that time no matter how much we try.

    Will he be slapped with a probation violation for this once the 5 years is up and sent to prison even if he assigns whatever wages he makes?
    OR
    Will they extend probation till its paid (Can they keep someone on probation for a lifetime in Michigan? I was told the max is 5 years)
    OR
    will they let him off probation and revert it to a civil issue?

    Each research route Ive tried has yielded me these varying options.

    But I found a stipulation in Michigan legislature that says a defendant cannot be jailed or incarcerated for this if unless they find that he has the means to pay and hasnt done so or hasnt made a good faith effort to pay.

    Any insight?

    Im extremely concerned and confused.

  2. #2
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    Michigan
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    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    There's no hard-and-fast answer. Ideally his lawyer would have requested a hearing on the restitution and his ability to pay before the restitution order was made part of his sentence. I would suggest that he broach these issues with his probation officer at the start of his probation, and try to reach a consensus on what he can reasonably and appropriately pay.

  3. #3
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    Nov 2006
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    11

    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    We did have a restitution hearing, it was actually yesterday. And the judge for some reason accepted two checks going from the insurance co to the condo board (for damages to the condo) as enough to leave the restitution as is. But that is strange to me - I wouldve liked to have seen receipts for labour and materials etc to substantiate the large sum. Damage was only done to the kitchen and living room and the whole place itself isnt worth more than 130,000.00

    Our lawyer seemed to give up rather easily and not press for more and the judge has had no interest in this case from day one.

    My boyfriend met with his p.o. before sentencing and his p.o. knows his financial situation and his earning ability (or lack thereof) yet nothing was done to reduce the amount.

    Is there any possibility that he could go to prison for the unpaid balance or will the excerpt from Michigan legislation protect him?

    Does Michigan indeed max probation at 5 years or do they have the ability to extend it?

    Any suggestions where I can research this? Unfortunately I dont have any faith in the lawyer anymore and would like to find an alternate source of (correct) informaton.

  4. #4
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    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    It sounds like an arson case.

    Normally, depending on the charge, felony probation is limited to five years. MCL 771.2a.

  5. #5
    Join Date
    Nov 2006
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    11

    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    Yes correct, he's in for arson of a dwelling. He agreed to a plea which has him in county jail for 12 months (10 with good time)

    Then if the maximum probation time is five years, does he face going to prison for probation violation because the full amount wont be paid? Or do they have to let him off probation and revert it to a civil matter?

    Thanks so much for your insight - its the most help Ive gotten in 5 months.

  6. #6
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    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    If he violates his probation, he can be resentenced and can be given additional incarceration.

  7. #7
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    Nov 2006
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    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    But would the unpaid balance constitute a violation?

    Considering:

    MCL 780.766 sec.(14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so.

    Is he protected under this provision?

  8. #8
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    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    Where restitution is a condition of probation, failure to pay restitution can trigger probation violation proceedings. I have previously given you my perspective as to how the issue of ability to pay may be addressed up front, to make it less likely that it will be an issue at the end of the sentence.

  9. #9
    Join Date
    Nov 2006
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    11

    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    I do appreciate the advice and we will absolutely broach the issue with his p.o. as soon as he is released.

    Does the provision (780.766) above only apply to certain kinds of convictions then?

  10. #10
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Unpaid restitution (Michigan)- extending probation or prison?

    The language of the statute, which you can read in full here, would extend to any order of restitution made as part of a criminal sentence.

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