QUESTION
Am I likely to go to jail for a probation violation?
Asked on Oct 21st, 2015 on Criminal Law - Michigan
More details to this question:
I was sentenced in Nov 2013 for a false pretenses misdemeanor in which I was sentenced to 2 years’ probation and 44k in restitution. I now owe 22k on the restitution. My probation ends in Nov and my probation officer told me I will go in front of a judge for a show-cause hearing to explain why I haven't been able to pay the restitution in full. I am petrified I will go to jail and be away from my son. I have never violated and I have zero criminal history except this one charge (and the offense, falsifying a student loan document, happened in 2003). I have never missed a payment and pay extra when I can. I don't know what to expect and just want some advice. Will I likely go to jail? If so how long is typical? Montcalm County if that helps.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful but impossible to accurately predict given the limited information. More likely you will have to explain why it has been impossible for you to complete the restitution, what you can and are doing and for the probation to be continued until you have met your obligation in full You should really be represented.
Answered on Oct 23rd, 2015 at 12:54 AM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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The law in Michigan is clear, you cannot be violated on probation for failure to pay restitution, as long as you have made reasonable effort to pay, if you were actually financially unable to pay in full despite your best efforts, you should not be violated. Just because the judge wants to talk to you about it does not mean something bad is automatically going to happen. But bring a lawyer.
Answered on Oct 23rd, 2015 at 12:53 AM