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Can I win a hearing case on a probation violation for not being able to pay restitution ?

West Haven, CT |

6yrs ago I was ordered to pay $300 a month for restitution and 5 yrs of probation I have made payments until I lost my job because of my charge. I did everything that was asked of me by the court I never violate probation or got in to trouble. I have gather all my documents of income of the last 6 yrs and proof that I am indigent and I receive government help and live in the HUD housing authority. If I have a probation hearing would I be put in jail for being indigent ?

Attorney Answers 3


Should speak with your public defender if you had one or your probation officer if you report to someone. It all depends upon the severity of the underlying crime and the terms and conditions of probation.

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Its a 1st degree larceny $12,000 was to be pay back. Also I completed my probation in good terms in 2012 which I completed (5yrs) I just couldn't pay because I am indigent. with all the proof and all the good reports from probation and programs. I finish school and still active looking for work.

Thomas E. McCabe

Thomas E. McCabe


Feel free to contact me if you wish to discuss details further by as Attorney Thygerson states below, you should be fine, especially if they do the restitution study that they should do if contemplating a VOP


You shouldn't be. We no longer have debtor prisons and the court should do a restitution study to determine if you really can't pay. Talk to your lawyer. There is a supreme court case that addresses this issue. It is called Beardon v. Georgia.

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Generally, when the court has these cases it does consider whether a person's financial circumstances have changed substantially from when the plea was entered, and probation began. In this case, the court may also look to see what, if anything, you paid. Please secure a competent criminal defense attorney because there are ways to secure a resolution without jail, if you can pay the balance over additional time.

Good Luck

Attorney Bonanno's answers to questions are for general purposes only and do not establish an attorney-client relationship. You should carefully consider advice from an attorney hired and who has all facts necessary to properly advise a client, which is why these answers to questions are for general purposes only and do not establish an attorney-client relationship.

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