After you have committed a crime and it has caused losses, such as theft of an item or crimes that end in emotional turmoil, you may be ordered to pay restitution. Restitution is usually clearly laid out in a judge’s order; however, probation typically sets up the payment schedule and the average of what should be paid per month. Though many people will keep up with payments (because they have to), studies show that it is not unheard of for restitution to go unpaid over time, or payments to be missed.
It is important to understand what could happen if there is failure to repay restitution after you have been ordered to pay. So, today, we will take a closer look and what you can do if you are behind on payments.
Failure to Repay Restitution: Probation Violation
When you do not pay restitution to a victim after you have been ordered, you have violated your contract with the district attorney. You could technically be arrested for being in contempt, especially if you have not made any effort to make payments at all. A victim could even file a civil lawsuit against you if you are not making payments, which means that you could end up losing out on money as your wages are garnished and your bank accounts are seized until the victim is paid in full.
And yes, you could even have your probation revoked if you are not paying restitution. Your probation violation will probably have more severe consequences than a contempt of court hearing, because there is certain criteria that you have to meet when you are on probation. If your probation is revoked because you did not abide by all of its terms, you could face maximum time for incarceration and maximum fines. This is why It is always important to meet all the criteria of your probation. In many states, probation officers will be present at your hearing and could testify to the judge about your progress in making lifestyle changes since your last appearance. If you did very little since you last appeared, it could mean bad news for you.
Have you fallen behind on restitution payments and now you have fears that your probation will be revoked? We can help you during this time. Call us today at the Law Office of Peter Blair to find out what we can do for you.