Ordered $41,000 in restitution. Have a hearing scheduled. $25 dollars a month for now...Can it change?

Asked about 1 year ago - Westland, MI

I was sentenced to a felony fleeing and eluding with $41,000 restitution. I was given paperwork to sign to agree to the amount and to pay $25 a month. This payment is very fair however I was told by the court clerk once I begin working again that it can change. Is this true? I have a restitution hearing scheduled soon. Im not sure whether to hire an attorney and hold the hearing or agree to the $25 a month/$41k.

Attorney answers (4)

  1. Joshua Duane Jones

    Contributor Level 14

    2

    Lawyers agree

    Answered . Generally payment arrangements are basted upon income and ability to pay, so yes it could change. It is never ill-advised to obtain counsel and see what he or she can do for you. But to answer the question, yes it could change….again this is based upon the assumption that you have filled out paperwork and the payment arrangement is based upon income and ability to pay. Best of luck.

  2. Jeremy Erskine Henner

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Of course, it is always advisable to consult an attorney before appearing in court for any matter. Ultimately though, your ability to pay will drive your restitution payments. You are likely to have a periodic review of that ability.

    This response shall not be considered a contract for legal representation. This attorney shall only make those... more
  3. Daniel P. Hilf

    Contributor Level 15

    Answered . The Court is always free to modify the conditions of your probation to include a larger payment. The primary issue at the restitution hearing is to determine the total amount of restitution. That figure could be $41,000, it could be higher, it could be lower.

    The maximum period of probation that is allowable is 5 years (3 years if you have HYTA status). Payments of $25 a month for 5 years (60 months) is only $1,500 - which is a drop in the bucket compared to the total amount of restitution. You would have to make payments of $683.33 per month over 60 months if you are on 5 years of probation to pay the entire $41,000.

    If the Court determines that you have the ability to pay more than $25 per month, you will be ordered to pay more. The failure to make restitution payments as directed and/or the failure to complete restitution payments before the expiration of your maximum term of probation may lead to an accusation of violation of probation.

    WIthout knowing more about you and your circumstances it is hard to say if the $25 a month and $41,000 total amount are reasonable given your circumstances. However, unless you are unable to work due to a verifiable physical or a verifiable mental disability - or if you are a juvenile - $25 a month is an extremely low amount for a payment and it is likely that you may want to accept that as a payment. Again, without knowing how the $41,000 was calculated it would be impossible to advise you whether or not to demand a restitution hearing.

  4. Gary Francis Kennedy II

    Contributor Level 11

    Answered . Consult with an attorney at least. Usually they want you to pay the full restitution amount by the end of probation. I would have a restitution hearing on the matter especially for that amount of money. You may be able to get some of the amount reduced down you just never know. Call an attorney today.

    Kennedy Law Office, PLLC
    586-580-1942
    Free Consultations

    Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal... more

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