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Can I go to jail for not having restitution payed in full when my show/cause hearing is scheduled at the end of my probation?

Union, KY |

I owed 9,000 and had 5 years to pay it off. I have had a full time job now for the past 3 years but have had my wages garnished several times due to other balances. I make monthly payments of whatever I can. As of 2 days before court, I owe $4500. Will they allow me to continue to make payments since I work full time and pay atleast 100 every month? (Between 100-150...whatever I can afford)

Attorney Answers 3

Posted

Can you go to jail (i.e. have your probation revoked)? Yes, see below. You could also have to stay on probation or the victim could sue you. (See below.) You should hire an attorney to speak on your behalf at the show cause hearing.

See KRS 532.033, in pertinent part:
When a judge orders restitution, the judge shall:
6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid;
(7) If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and
(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed.

See also KRS 533.030, in pertinent part:
When a defendant fails to make restitution ordered to be paid through the circuit clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney, the circuit clerk or court-authorized program shall notify the court; and
(d) An order of restitution shall not preclude the owner of property or the victim who suffered personal physical or mental injury or out-of-pocket loss of earnings or support or other damages from proceeding in a civil action to recover damages from the defendant. A civil verdict shall be reduced by the amount paid under the criminal restitution order.

Kristin M. Russell is an attorney licensed to practice law in the Commonwealth of Kentucky. Per Avvo guidelines, these answers are for informational purposes only and do not constitute legal advice. This response does not create an attorney/client relationship.

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Frank Mascagni III

Frank Mascagni III

Posted

Good answer by attorney Russell, as always!

Posted

You need an attorney ASAP to represent you. This is a violation of the terms of your probation. Get counsel to speak with the prosecutor to see if your probation can be extended by agreement, if that is an option you can live with. www.kacdl.net

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

The other two attorneys have answered correctly. You should have your attorney negotiate to extend your probation in order to give you additional time to pay the restitution.

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Asker

Posted

Thank you for the replies. This is the only trouble I've ever been in so I am not familiar with the legal system. I made a mistake when I was 19 and would really just like to put this all in my past for good.

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