One common condition of release on probation is that, if your case involves a victim, you pay restitution to your victim. If a judge allows your release on probation, they will first ensure that you have the ability to pay restitution. This means that you will be asked to give money to the victim of the crime in order to compensate for their pain and trouble.
However, sometimes circumstances change. Maybe you don’t have a job right now or have expenses not calculated by the court before you got released. If this is the case, you might be unable to pay restitution. This will affect your ability to pay and your ability to comply with the conditions of your probation. You can learn more about failure to pay restitution here.
If you are unable to pay restitution, you will be breaking a condition of your probation. This means that you can get charged with violation of probation, and you might have to go to jail. You will have to go to court and prove through the use of financial records that you cannot afford to pay restitution. Using this defense, a good lawyer should keep you from getting charged with violation of probation.
You want to avoid a violation of probation charge at all costs. If the court finds that you violated your probation, your probation will be revoked. This means that you will be taken into custody and you face jail time.
However, if you and your attorney can prove that you cannot pay restitution, one of two things will happen. The restitution can be discharged, which will be the best option for you. Or, a civil order can be brought against you. This order will allow your victim to request restitution for up to 10 years if at some point in that time you have the ability to pay it. This means that once you get a job and you have the ability to pay restitution, you will have to pay it.
To avoid a violation of probation charge, you need to prove that you cannot pay restitution. The best way to do this is by hiring a criminal defense lawyer. You can contact us for a free consultation to discuss your case. We can review your finances and help you build a strong case to present in court.