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  1. #1

    Default Violation of Probation Over Unpaid Restitution

    My question involves criminal law for the state of: Michigan.

    10 years ago I plead to a felony white collar crime. I was given 30 days in jail and ordered to pay restitution. I paid about half of that restitution (over 35k), and then I lost my job and stopped paying. During that time, a financial review hearing was ordered, which I missed and a warrant was issued.

    3 years ago I was picked up on that warrant, I posted bail and was released. I went to the hearing and requested an adjournment for 10 days while I tried to come up with the remainder of the restitution. Suffice it to say, I didnít come up with it and I didnít go to the hearing. So a bench warrant was issued.

    2 weeks ago I was picked up on that warrant for the probation violation and fault to appear. I had a hearing where I posted bail. I NOW have the total amount in certified funds for the remainder of the restitution (over 15k). I have worked it out with my probation officer that if I pay the balance in full that he will not seek and jail time and agree to release me from probation.

    My question is this. My probation officer wants me to pay the amount of money PRIOR to the hearing and go to the hearing with the receipt. I am leery of doing this until I see the judge. Should I pay it prior to the hearing? And how likely is the judge to agree to release me from probation and not send me to jail? I havenít gotten into any trouble in 10 years, not even a traffic ticket. I just want to move on with my life and put this behind me and pay this off.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,147

    Default Re: Violation of Probation

    If you want the best answer, talk to an attorney and have him present at the hearing. My gut feeling is your PO is giving you good advice. If all that's holding this up is the unpaid restitution, then paying that is going to be a good sign, even given your repeated absconding. Even if they do jail you, I bet they're still eventually going to hold you to the restitution so why not pay it now?

  3. #3
    Join Date
    Mar 2013
    Posts
    17,060

    Default Re: Violation of Probation Over Unpaid Restitution

    Quote Quoting OpinePenguin
    View Post

    My question is this. My probation officer wants me to pay the amount of money PRIOR to the hearing and go to the hearing with the receipt. I am leery of doing this until I see the judge. Should I pay it prior to the hearing? And how likely is the judge to agree to release me from probation and not send me to jail? I haven’t gotten into any trouble in 10 years, not even a traffic ticket. I just want to move on with my life and put this behind me and pay this off.
    What do you think you are going to do at the hearing? Hold up a check and "I'll pay it if I don't go to jail"?

    That's not going to work out for you.

    If you don't plan on saying that, then what's the difference if you pay now before the judge decides or pay it at the hearing before the judge decides?

  4. #4

    Default Re: Violation of Probation Over Unpaid Restitution

    No Iím going to pay it regardless. Like I said I just want to move forward. I just wanted to know if it looked better that I paid it first or had check to hand over to the judge at the hearing.

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