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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Can a Criminal Court Enforce Restitution After You've Served the Maximum Sentence

    My question involves criminal law for the state of: Michigan

    I was convicted of a felony and in short performed 5 years of probation. I was not able to pay my restitution so my probation was revoked and I was sentenced to 5 months in the county jail. I still have the outstanding amount due and I cannot pay it right now because of a different case I am ordered to pay on and am on probation for. Yes, I have learned my lesson.

    I am trying to figure out what recourse the original court has. Do they have anything they can do other than taking it to a civil matter? I know 5 years was the max in Michigan for probation and I'm pretty sure the judge put me in jail because they were not going to have any more leverage on me.

    I am considering bankruptcy to eliminate the personal debts that defaulted while I was in jail. I know it wont do anything on the criminal judgments.

    TIA for any advice/help

  2. #2
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Can a Criminal Court Enforce Restitution After You've Served the Maximum Sentence

    You may be able to be violated on your current probation for NOT paying the restitution outstanding. Even though that was another case. Because part of probation is following ALL court orders -- of which the prior restitution is a court order. You could also be found in contempt of court for not paying the restitution and given a purge time in which you will NEED to make payments. Without seeing the actual sentencing documents as to why you were violated, we can only make guesses. And no one here is going to review them. There may be double jeopardy issues that could be argued if you were violated.

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