QUESTION
Can my mother avoid jail time if I paid the rest of what she owed on her restitution?
Asked on Mar 04th, 2013 on Expungements - Michigan
More details to this question:
My mother is behind on her restitution. The police have issued a warrant for her arrest. I have called the district attorney’s office. It was a felony charge and the police said she would have to turn herself in. If I pay the rest of what she owed on her restitution, will the police let her go?
3 ANSWERS
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
The failure to pay restitution is a violation of probation for which one can be jailed / imprisoned. (In general, Texas has debtors prison only for restitution and child support.) It will be up to the court. She has a motion to revoke / adjudicate her probation so she needs a lawyer, and the restitution being paid is likely to allow her to return to probation and, if that is her only violation, possibly terminate the probation.
Answered on Mar 06th, 2013 at 8:29 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
Since she already has a warrant, she will have to appear in court to have the warrant removed, since only the judge has the authority to do that. However, if you provide the payment that caused the warrant, she will probably be released upon payment. This assumes no other issues than what you have told me here. Also, this is a typical disposition, there is no guarantee that it will go this way for your mom.
Answered on Mar 06th, 2013 at 3:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Perhaps depending on what stage the proceeding is at.
Answered on Mar 06th, 2013 at 2:05 AM