QUESTION
What happens if I fail to pay restitution and get a violation of probation for it?
Asked on Mar 29th, 2014 on Criminal Law - Nevada
7 ANSWERS
Michael J. Breczinski
Then you could go to jail or prison.
Answered on Apr 01st, 2014 at 6:36 PM
Michael A. Colavecchio
Regardless of the reason, whenever someone is served with a warrant for violation of probation, the court will decide if the reason is a valid one, and if so, what the penalty. Usually, when the reason for the violation is failure to pay restitution, the court will inquire as to the details (how long the person had to pay the restitution, how much remains, any explanation for failure to pay it, how much longer will the person need to pay it off, etc.) and then extend the probation to allow it to be paid in full, or even add further restrictions of probation, or even jail time.
Answered on Apr 01st, 2014 at 6:35 PM
If you fail to pay restitution, that is a violation of your probation, so the prosecutor will file a motion to revoke your probation. There will be a hearing before a judge, which you will be required to attend. The judge could decide to revoke your probation and sentence you for the original crime.
Answered on Apr 01st, 2014 at 6:35 PM
Thomas Edward Gates
You likely will get additional community service hours. Fail again and you will likely receive jail time.
Answered on Apr 01st, 2014 at 6:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Normally you go to jail and still are compelled to pay.
Answered on Apr 01st, 2014 at 6:35 PM
Adoptions Attorney serving Lansing, MI
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If convicted of the violation you could be re-sentenced up to the maximum amount allowable for the offense you are on probation for. It is a very serious matter. Make sure you are represented by the best and most experienced criminal defense attorney you can afford. Ask the court to appoint you one if you cannot afford to hire your own. Preferably you want one with experience with your judge on probation violations.
Answered on Apr 01st, 2014 at 6:33 PM
James Edward Smith
Jail or more probation.
Answered on Apr 01st, 2014 at 6:33 PM