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  1. #1
    Join Date
    Dec 2005
    Location
    Florida
    Posts
    4

    Default probation question

    I would like to know how my wifes probation will work, Here is the facts: After my wife became disabled her previous employer charged her with theft while she was working for him. We went to trial and after some "unusual" court proceedings she was found guilty. Her charge was theft over 100,000.00. I was not implicated or charged. She was sentenced according to Fl Gudelines to 4 years in jail. O.K. now at the hearing when she was sentenced the judge (term used with pure contempt) ordered 20 years probation for restitution only. He waived all court costs, fees, fines and supervision costs. Her restitution amount is 800.00 a month. Now her is the rub, she was on SSI and I know that will be reinstated upon release however that is her sole income. she has no assets except one house that she and I own jointly and it is morgaged to the hilt (medical problems). Now the question:
    if she pay a portion (much smaller amount) can the court put here back in jail? My first inclination is they cannot put her in Jail again because she finished her sentence but I am not sure. Can they take any of her Social security?

    Any help would be appreciated!
    thanks Mike.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Restitution and Ability to Pay

    There should have been some attention paid to her ability to pay. Did her lawyer even raise that ability at the sentencing or hearing on restitution? That's apparently an issue that will come up after she is released on probation, as it does appear that she will have to seek to have that amount reduced.

  3. #3
    Join Date
    Dec 2005
    Location
    Florida
    Posts
    4

    Default

    Thank you for your reply . In regards to the hearing she was not present for the restitution hearing, :cry: But in court she had a P.D. Actually a very good one, :P anyway it was pointed out to the judge (again term used with contempt) :evil: that her sole income was from Social Security. This may sound selfish, but I refuse to be brought into this for any type of payment to the "victim" I never cared for him even when she was working for him and he can rot in ...... well you know :x . I understand what they can do with the property, and I really dont care about that, but I happen to be "financially well off" :wink: and I really think it is my money he wants, and trying to get to me through her. And since I own everything and never remotely had any association with him (sidebar: he always was tring to get me to "invest in his company" and one day I told him quite frankly what I thought of him and his rip off company) I know and he also knows he cant touch me. I reckon I will have to hire an attorney for her to clear up the restitution.

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