If I pay restitution can you still go to jail

Asked 3 months ago - Glen Burnie, MD

I want to pay restitution and get this settled without going to jail

Attorney answers (5)

  1. Scott R. Scherr

    Contributor Level 18

    6

    Lawyers agree

    Answered . Yes, restitution can help avoid jail, but does not guarantee that you will not be incarcerated. You need an attorney to represent you, assert defenses, and protect your rights. Do not post any details on AVVO since this is a public forum and anything you post can be used against you. If you cannot afford private counsel, contact the Public Defender as soon as possible and no later than 10 business days before the court date.

    This answer is being given for general informational purposes only and is not protected by the attorney-client... more
  2. John Joseph Pikulski IV

    Contributor Level 10

    3

    Lawyers agree

    Answered . The short answer is that it depends, paying restitution doesn't hurt, but it doesn't mean the case is dismissed. Remember, that the charge is the State of Maryland vs you, not whoever restitution is being paid to. That means you need to deal with a prosecutor at some point and a judge at some point. You will probably want a lawyer on your side too. Many offer free consultations, or you can always apply with the public defenders office if you don't have any funds available.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  3. William Lawrence Welch III

    Contributor Level 17

    3

    Lawyers agree

    Answered . Perhaps, but there's no guarantee. Anyone might be charged with a crime, regardless of whether he or she has in fact broken the law. Paying restitution in advance might be used as evidence that you have done something wrong.

    An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor... more
  4. Garland Montgomery Sanderson

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I would not pay any restitution unless it was a part of a plea agreement that was already worked out.

  5. Jason W Cleckner Esq.

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes of course you can STILL go to jail. But there's no reason not to pay it. The "I'm not paying it if I'm going to jail" attitude ain't gonna work with ANY judge. This is why you need a good lawyer to settle it.

    Nothing posted by Mr. Cleckner on Avvo or in response to an Avvo question or request is intended to be considered... more

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