I'm on 3 years federal probabtion for copyright violations. I was ordered to pay a rather large sum of restitution that I can never hope to pay. The resistitution is bogus because I never caused any damage to the compyany I have to pay it to, but if I hadn't accepted the plea bargain with the restitution, I would have faced major jail time.

The judge only ordered me to pay less than $30 a month, so I am religiously paying it while on probabtion. My question is what happens after my probation is over? If I stop paying it, can they charge me with something or just screw up my credit? Also, my attorney said I could file bankruptcy after my probation is over, but I have read that's not possible. Anyone know the real story here?

Thanks for your help.

First of all Welcome to PTO. I cant answer your question, but I can gaurentee that someone will be along that can. Have you called other attorneys and asked for another opinion. Maybe try to call a bankrupsy attorney. I know that there are several online legal sites that help answer legal questions. go through your phone book and find attorneys with email address and email them your question. If you email even 5-6 you'll probably get back at least 2-3 responses.
Anyways those are just some ideas and be patient because someone will be along here and read your post.

Good Luck

Welcome to PTO!
I am not familiar with how resistitution works but I am certain someone will be around to help out later on.
Just wanted to welcome you and say hello!

Diane

The restitution will be collectible (as a civil judgment) for 20 years. Pay the $30/month - if that is what the Judge ordered. Criminal restitution is NOT dischargeable in bankruptcy. Unless you have the ability to pay - and willfully do not pay - you cannot be violated for the restitution order. BTW - restitution is mandatory and would have been ordered even after a trial and guilty verdict.

I regularly work in this area - restitution and supervision - if you have a specific issue, please PM or email me. Do NOT post personal information as it is not secure.

Originally posted by hkieffer
The restitution will be collectible (as a civil judgment) for 20 years. Pay the $30/month - if that is what the Judge ordered. Criminal restitution is NOT dischargeable in bankruptcy. Unless you have the ability to pay - and willfully do not pay - you cannot be violated for the restitution order. BTW - restitution is mandatory and would have been ordered even after a trial and guilty verdict.

I regularly work in this area - restitution and supervision - if you have a specific issue, please PM or email me. Do NOT post personal information as it is not secure.

Thanks for the replies. I've been reading here for a while ever since I got an unwelcome visit from the FBI a year or so ago. This site is extremely helpful.

hkieffer:

Thanks for the info. I just have one more question. What happens after my probation is over? If I stop paying, can they come after me criminally? I have zero ability to pay the restitution now and am only able to pay it due to the generocity of my father. I can't ask him to help me forever though.

Thanks for your help.

Well they can execute on any assets or wages, just like a civil judgment. Your father did NOT plead guilty. Yoiu did. The conditions of your probation most probably require that you work. If you work, I'm sure you can pay $30/month.

If you are excused from getting a job - for some reason - then don't pay $30/month. If you have no income, you cannot pay any amount. That of course begs the question: Who pays your living expenses and why.

Please do not post personal info, just email or PM me.

If I can not find a job within a reasonable amount of time while on supervised release - can the amount of restitution payable per month be taken out of my husband's wages by anyone connected to my case? What about federal income tax returns - can they keep the money?

I thought you were on Probation. Which is it - Probation or Supervised Release? Unless, the condition was waived (unlikely), you'll have to find a job. In fact, it may be insisted that you "work" full-time to get one.

They will not garnish your husband's wages while you are on supervision. The choice as to whether you should provide your husband's financial info to the Probation Officer is one to be carefully considered.

Whether or not your husband's assets are at risk AFTER supervision depends upon various factors, such as your financial situation and whether or not you live in a community property state.

Yes, in theory they may take your income tax refund. Clue: You should not get a refund. Adjust your withholding (or that of your husband) accordingly.

I work in this are quite a bit and would be happy to evaluate your situation. No obligation. Do not post personal info here as it is not secure. Please PM or email directly for instructions.

Originally posted by hkieffer
Well they can execute on any assets or wages, just like a civil judgment. Your father did NOT plead guilty. Yoiu did. The conditions of your probation most probably require that you work. If you work, I'm sure you can pay $30/month.

If you are excused from getting a job - for some reason - then don't pay $30/month. If you have no income, you cannot pay any amount. That of course begs the question: Who pays your living expenses and why.

Please do not post personal info, just email or PM me.

Thanks. That's what I wanted to know. For obvious reasons, I can't go into details here, but I can't work and have very little income and no ability to pay the restitution. If all they can do is go after me in civil court after my probation is over, then that won't matter as I have zero assets.

FYI: The other question in this thread was posted by someone else. From your other response, it sounded like you thought it was my question.

I appreciate all your help.

Which other question? You were the only one asking.

Originally posted by hkieffer
Which other question? You were the only one asking.

Look up a few messages. Lost One asked a question in this thread too.

OK, that one has been answered as well.