QUESTION
Can I be re-sentenced 3 times on the same case?
Asked on Nov 14th, 2013 on Criminal Law - Oklahoma
More details to this question:
I was charged with first degree forgery in 2004 I was sentenced 10 years probation under first offender act and to pay restitution I violated probation and was re-sentenced to 10 years with credit for time served on probation and my first offender was took .I am supposed to get off probation in February and I don't have time to pay the restitution what can they do?
4 ANSWERS
James Edward Smith
Dishonorable discharge from probation.
Answered on Nov 18th, 2013 at 12:59 PM
The second time the probation was revoked and you were given the original time to serve. You were then reinstated on probation. As part of the probation requirements, you are required to pay restitution. If you cannot pay restitution by the time probation is up, probation will continue until you paid all your restitution.
Answered on Nov 18th, 2013 at 12:59 PM
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If you violate probation and it is revoked you can be re-sentenced up to the maximum amount for the offense that placed you on probation. That is lawful and happens quite regularly. If you complete probation and your restitution is not paid, the criminal court would lose jurisdiction on the matter. It would become a civil issue at that point and would probably be referred to collections.
Answered on Nov 18th, 2013 at 12:58 PM
If you have not paid, your probation can be revoked, or they can place you on a payment plan and failure to comply can be punished by contempt, and contempt can include jail. In short, it's all about the money, money, money, at this point.
Answered on Nov 18th, 2013 at 12:58 PM