View Full Version : Probation Question (What Happens If I Can't Pay Restitution On A Suspended Sentence)


tsmith
01-27-2006, 11:36 AM
I have was sentenced to 10 years (suspended) with 5 years probation. This was on an embzzelment charge - 132000.00 Dollars to be paid.
My 5 years probation will be up in 2008. But there is noway that I will ever be able to pay back that much money. I still owe 127000.00. If money is still owed can they put me back on probation for the rest of my life?

NuBeginning
01-29-2006, 12:37 AM
I have was sentenced to 10 years (suspended) with 5 years probation. This was on an embzzelment charge - 132000.00 Dollars to be paid.
My 5 years probation will be up in 2008. But there is noway that I will ever be able to pay back that much money. I still owe 127000.00. If money is still owed can they put me back on probation for the rest of my life?

Hi TSmith... Welcome to PTO. Although your question is surrounding probation, it would probably be better answered in the Legal Advice Forum, so I'm goint to move it to the Legal Forum.

susanndanny
01-29-2006, 12:53 AM
hey anyone hear about hagerstown maryland giving early release for overcrowding

tsmith
01-29-2006, 12:54 AM
THank you for your help.... T Smith

newton98
01-29-2006, 10:43 AM
Greetings & Welcome to PTO

Have you asked your probation officer about this? I am sure they will be able to answer all your questions.

I could be wrong, but I believe you actually get off probation, but continue to make the restitution payments to the casher at the clerk of courts office. Like you do for traffic fines and stuff. You stop making the arranged payments or get too far behind in them and they issue a warrant for you.

Regards,
Lynne

tsmith
01-29-2006, 09:27 PM
Yes I have ask one of my po's I have had 3 so far. He said that I would be on probation until all of the money is paid back?? If anyone knows anything else please let me know. Thankyou Lynne for the reply.
Tammy

Angel1957
01-30-2006, 12:48 PM
My case started in 1993. I was In jail back in 1994. The system wouldn't let me out on bond.
They held me for about 1 year before court was over with.
They claim I owe over $10,000 for medical cost and room and board.
So 1 year in jail, 120 days shock time,5 years probation done. At the end of my 5 year probation time they sent me a letter telling me they were revoking me. I did my 5 year probation but because I didn't have all of the so called fines paid they put out an warrant for me and placed me in jail for another 3 weeks until I went to court in front of the judge.
Well they added more jail time cost to the fines.
They were going to send me back to prison. Well they didn't and I am still paying them fine money to this date.
Every 3 months I go in front of the judge and he makes sure I have made that monthly payment paid.
Will they ever let me go?
Done 1 year in jail,120 days shock,5 years probation,3 weeks in jail due to all of fines not paid,3 years of volunteer community service to a mission,2 years community service to a youth group,have been going in front of the judge since the year 2000 every 3 months.
1994-2006,13 long years this has been going on.
My case started in 1993
I can't move on with my life.
If I had the money I would pay them off. But I don't.
Then now they tell me after I finish paying off my fines I will still have to do a month of probation.
Well I am not in great health so as I see it I might not be around another 10 years to finish paying them their fees or fines.
If possible if you can get a loan, Do so and pay them off.
If possible pay more then they ask you to pay to get it paid off sooner.
I couldn't do this or trust me I would have paid them long ago.
I am wishing you the best outcome.

Gryphon
01-30-2006, 06:56 PM
I have was sentenced to 10 years (suspended) with 5 years probation. This was on an embzzelment charge - 132000.00 Dollars to be paid.
My 5 years probation will be up in 2008. But there is noway that I will ever be able to pay back that much money. I still owe 127000.00. If money is still owed can they put me back on probation for the rest of my life?
Violations of probation have to be "willful". There's no such thing as debtor's prison. At the end of probation, unpayed resitution turns into a civil judgement, and collection can happen via the state tax agency.
On the other hand, they could file a violation; and then make you prove you paid every dollar you had available after "life necessities" were paid.
Usually, counties have a department of Revenue Services, and that agancy sets monthly layments according to financial ability to pay. Paying that required amount is enough to keep people's probation from being violated.
If payments are made as set by teh county agency, there's an argument that probation can't be extended.
If there's fear that probation might be violated, and if there's a chance of paying teh mony, sometimes defendant's will agree to have probation extended to allow for additional payments (and to keep them out of prison).

tsmith
01-31-2006, 10:35 AM
Thank you so much for your help.
Tammy