Can they really put me in jail for only paying $50/mo on my restitution because I can't get a job? I am on probation for 15 yrs

Asked about 2 years ago - Boulder, CO

(to give me time to pay it off - felony conviction $50,000 restitution). I was paying $150/mo until I lost my job but I am still paying what I can. Do I need a lawyer? Do I have a defense? I received a letter stating that I am past due because I haven't been paying enough each month and if not (now) paid in full I will be arrested for probation violation.

Attorney answers (3)

  1. H. Michael Steinberg

    Pro

    Contributor Level 11

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    Answered . Chris Leroi is right as always. Restitution law is complicated in Colorado. However - based on your question - I do not believe the Judge will impose - or for that matter probation or the DA will seek jail - if you are making a good faith effort to find a new job and pay what you can while you are looking for new employment. Most important in your case - is to pay something - as much as you can -- this shows - given the huge amount of restitution you owe - that you are taking your obligation seriously. Given the limted space here I am including a link to a web page that may help you with this Colorado Resitution Law.. Good Luck - H. Michael

  2. Christopher Daniel Leroi

    Contributor Level 20

    3

    Lawyers agree

    Answered . You definitely need an attorney. You might have some legitimate defenses.

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  3. Barry Lawrence Aaron

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Sounds like an appropriate case for modification of the probation terms; Definitely look at the link provided by my learned colleague above..it summarizes the law in this area. If you have no means of paying the full amount, it would make no sense for the Judge to resentence you for a VOP, as then the victim would be getting no restitution whatsoever. This is a very serious matter, and I suggest getting an attorney to represent you.

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