Page 2 of 2 FirstFirst 1 2
Results 11 to 15 of 15
  1. #11
    Join Date
    Nov 2006
    Posts
    11

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

    I apologize in advance if Im seeming pesty or stupid but doesnt that mean it extends to my boyfriends case as well, meaning that they cannot violate him so long as he is willing to assign all his wages?

    Im just doubtful that some kind agreement to a reduced amount is going to happen with the p.o if the restitution hearing already failed (Although we will certainly try)

  2. #12
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

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

    The statute states what it states. If the court finds that he made a good faith effort to pay his restitution, he shouldn't be violated. But it's not up to him to decide what is or should be a sufficient effort, which is why I keep repeating myself - he should discuss this proactively with his probation officer.

  3. #13
    Join Date
    Nov 2006
    Posts
    11

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

    Ok its now getting clearer.

    I now understand that its up to the P.O. and judge to define "good faith effort" I was just hoping that compliance with the rest of his probation regulations and assigning wages as perscribed would be enough. Hopefully his P.O. will be able to do something.

    Thanks again.

  4. #14
    Join Date
    Dec 2006
    Posts
    5

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

    It is my understanding that your referring to Arson of a Dwelling. With my experience people do go back to jail for reasons such as non payment, failure to keep steady employment and failure of drug/alcohol testing. Depending on the conditions of their probabtion at time of incarceration. In lamens terms, its a good idea to keep a job and keep any and all payments up. If you pay while he sits at home his P.O will not look at this as a "good faith effort".

    I am curious as to what his probationary conditions are, look for other costs like Court Costs, State Costs and such. Taking this case back to court to see receipts may not be in your best interest, thats like telling the court you don't trust them. I would not advice going that route. I would advice your boyfriend to get and keep steady employment, stay clean and keep all payments up. At the end they will more then likely work out something for the remaining balance if they see a good faith effort on his part. If he does what I suggest its more likely there will be no more jail time given.

    I would however be concerned about a civil suit, suits like this generally take a while but can be filled quite a while after all is said and done in a crimanal case, unless otherwise stated by the court. My advice would be to pay what the court has stated and look in to anyone filling a civil suit, thats where they can make him pay for damages to property or persons. That can be expensive as well.

    I think you should re-think the following statement, a court does not look at him as the victim but more as the criminal. Whether he is poor or not he is the criminal in this matter. Why do you think they would reduce the amount, I agree with the above, it seems cheap to me. I would count on civil suits to follow.

    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.

  5. #15
    Join Date
    Dec 2006
    Posts
    5

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

    Quote Quoting jpwayne
    View Post
    I apologize in advance if Im seeming pesty or stupid but doesnt that mean it extends to my boyfriends case as well, meaning that they cannot violate him so long as he is willing to assign all his wages?

    Im just doubtful that some kind agreement to a reduced amount is going to happen with the p.o if the restitution hearing already failed (Although we will certainly try)


    More than likely that amount would not be lowered, it was paid by the insurance so therefore will not be reduced after the fact.
    The court will look at this as an attempt to clear your boyfriend of his debts, they will not do that when the insurance company paid to have said work done.
    Lawyers will charge you to inverstigate this but I would be surprised to see any amount reduced, just more spent on a case thats been decided. This action should of been done a head of time or during said trial.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Probation and Parole: What Happens at the End of Probation with Unpaid Restitution
    By dmcswine01@yahoo.com in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 05-22-2011, 07:23 AM
  2. Probation and Parole: Possibility of a Probation Violation Over Unpaid Restitution
    By florman09 in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 04-25-2009, 04:57 AM
  3. Medical Malpractice: Extending the Michigan Statue Of Limitation
    By jmoore12 in forum Malpractice Law
    Replies: 1
    Last Post: 11-09-2007, 09:27 PM
  4. Probation and Parole: Probation Violation Over Unpaid Restitution
    By mdavis414 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 10-25-2007, 12:14 PM
  5. Probation and Parole: Probation Violation Due to Unpaid Restitution
    By diggs in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 07-01-2007, 07:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources